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FULL PACKET_2016-05-17
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 3, 2016 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: DAVID CAVAZOS, City Manager JOHN FUNK, Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PAUL HERNANDEZ, SANTA ANA HIGH SCHOOL TOM JONES, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PRO TEM SARMIENTO recognizing May 22nd as Harvey Milk Day. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Officers of the Santa Ana Police Department involved in the HEART program for their outstanding work with homelessness in the Civic Center: Officer Cassandra Hawkins; Officer Judy Valdez; Officer David Enriquez; Officer Matt Chitjian; Corporal Juan Montiel; Commander Ruben Ibarra. CITY COUNCIL MINUTES 1 MAY 3, 2016 1 0A -1 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Mario and Trisha Morales and Victory Outreach Southeast Santa Ana for their outstanding work in organizing the Peace and Unity March. PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing National Bike to Work Month. PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Small Business Week. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31 D, with the following modifications: • Mayor Pulido pulled Agenda Items 19E, 20A, 20B, 25J, 25K, 25L, 25M, 251 and 31 B for separate action. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) Items removed for separate action or modified are highlighted. Separate action's stow the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 19, 2016 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve minutes. CITY COUNCIL MINUTES 2 MAY 3, 2016 1 0A -2 ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ORDINANCE - SECOND READING: AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REGARDING UNARMED GUARDS; ESTABLISHING REGULATORY SAFETY PERMIT APPLICATION DEADLINES; AND PROHIBITING ISSUANCE OF REGULATORY SAFETY PERMIT APPLICATIONS TO NARCOTIC REGISTRANTS (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Published in the Orange County Reporter on April 8, 2016. Placed on first reading at the April 5, 2016 City Council meeting and approved by a vote of 5 -0 (Tinajero and Pulido absent). Consideration of matter continued from the April 19, 2016 City Council meeting by a vote of 4 -0 (Amezcua, Martinez and Pulido absent). MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2896 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REGARDING UNARMED GUARDS; ESTABLISHING REGULATORY SAFETY PERMIT APPLICATION DEADLINES; AND PROHIBITING ISSUANCE OF REGULATORY SAFETY PERMIT APPLICATIONS TO NARCOTIC REGISTRANTS *Mayor Pulido abstained on Agenda Item 11A; not present during deliberation of matter on April 5, 2016. 11B. ORDINANCE - SECOND READING: REZONING THE AMCAL MULTI HOUSING TWO, LLC PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET FROM GENERAL COMMERCIAL (C -2) TO SPECIFIC DEVELOPMENT NO. 89 (SD -89) (AA NO. 2016 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 89 (SD -89) FOR SAID PROPERTY {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Published in the Orange County Reporter on April 22, 2016. Placed on first reading at the April 19, 2016 City Council meeting and approved by a vote of 7 -0. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE AMCAL MULTI HOUSING TWO, LLC PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET FROM GENERAL COMMERCIAL (C -2) TO SPECIFIC DEVELOPMENT NO. 89 (SD -89) (AA NO. 2016 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 89 (SD -89) FOR SAID PROPERTY CITY COUNCIL MINUTES 3 MAY 3, 2016 1OA -3 BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Development and Transportation Committee (Cancelled) 4/7/2016 Development and Transportation Committee (Special) 4/18/2016 Parks, Recreation, Education and Youth Committee (Cancelled) 4/25/2016 FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17636 (1010 SOUTH HARBOR BOULEVARD) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Tinajero from the May 3, 2016 City Council Meeting. 19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2016 {STRATEGIC PLAN NO. 4, 1 D) - Finance and Management Services MOTION: Receive and file. 19D. REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE {STRATEGIC PLAN NO. 5, 1) - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 27, 2016 by a vote of 5 - 0 (Garcia absent). CITY COUNCIL MINUTES 4 MAY 3, 2016 1 0A -4 19E.. MOTION: Approve the Regional Analysis of Impediments to Fair Housing Choice and authorize the City Manager to certify that the Regional Analysis of Impediments to Fair Housing Choice represents the City's conclusions about impediments to fair housing choice and actions necessary to identify and address impediments. TE {STRATEGIC PLAN NO. 1, 11 - Police Councilmember Martinez, asked for status report on the issues that have been brought to her from the community as they relate to illegal park activity. City Manager Cavazos, noted that staff has reviewed information and will recommend hiring of full -time rangers for the upcoming budget cycle. Councilmember Reyna, echoed comments by Councilmember Martinez; welcome opportunity to hire full -time rangers to address public safety concerns. MOTION: Receive and file. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 19F. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR APRIL 2016 {STRATEGIC PLAN NO. 5, 11 - Public Works Agency MOTION: Receive and file. 19G. SENIOR MOBILITY PROGRAM SERVICE PLAN WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (STRATEGIC PLAN NO. 5, 4B) - Parks, Recreation and Community Services Agency MOTION: Approve the Senior Mobility Program Service Plan and authorize its submittal to the Orange County Transportation Authority. CITY COUNCIL MINUTES 5 MAY 3, 2016 1OA -5 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT TO IMPLEMENT THE ORANGE COUNTY PARTNERSHIP TO IMPROVE COMMUNITY HEALTH GRANT PROJECT {STRATEGIC PLAN NO. 5, 4B) - Public Works Agency Consideration of matter continued from the April 19, 2016 City Council meeting due to an insufficient number of votes required. MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -096 — Recognize Orange County Partnership to Improve Community Health grant allocation in the amount of $145,000 into the Emergency and Health Fund revenue account and appropriating the same in the Emergency and Health Fund expenditure account for 2015 -2016 MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: Tinajero (1) * Councilmember Martinez, abstained on Agenda Item out of an abundance of caution and due to her employment. 20B. APPROPRIATION ADJUSTMENT, COOPERATIVE AGREEMENT AND AMENDMENT TO THE FISCAL YEAR 2015 -2016 CAPITAL IMPROVEMENT PROJECT (CIP) FOR THE SANTA ANA DELHI DIVERSION PROJECT (NON' - GENERAL FUND) (PROJECT NO. 16 -6467) {STRATEGIC PLAN NO. 6, 1G) Public Works Agency Consideration of matter continued from the April 19, 2016 City Council meeting due to an insufficient number of votes required. Councilmember Martinez, supports concept but concerned about million dollar investment. CITY COUNCIL MINUTES 6 MAY 3, 2016 1 0A -6 Public Works Agency Executive Director Fred Mousavipour, indicated that it was investment and would be cost effective project. MOTION: 1. Recognize a Mitigated Negative Declaration for the Santa Ana Delhi Diversion Project. 2. AGMT NO. 2016 -092 - Authorize the City Manager and Clerk of the Council to execute a Cooperative Agreement with the City of Costa Mesa that advances funds in an amount not to exceed $1,100,000 for construction of the portion of the Santa Ana Delhi Diversion Project within the limits of City of Costa Mesa and require reimbursement of $600,000 to the City of Santa Ana by January 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Amend the Fiscal Year 2015 -2016 Capital Improvement Project to increase the Delhi Diversion Project budget by $1,100,000. 4. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -103 - Recognize a $600,000 Expense Reimbursement from City of Costa Mesa and $500,000 from Federal Clean Water Protection Enterprise prior year fund balance, and appropriate $1,100,000 in the Federal Clean Water Protection Enterprise Fund. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento (5) None (0) None (0) Pulido, Tinajero (2) Martinez, Reyna, 20C. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR PROFESSIONAL ENGINEERING SERVICES TO IDENTIFY ALTERNATIVE INFRASTRUCTURE STORM DRAIN IMPROVEMENTS (PROJECT 16 -6608) {STRATEGIC PLAN NO. 6, 1 F) - Public Works Agency Consideration of matter continued from the April 19, 2016 City Council meeting due to an insufficient number of votes required. MOTION: CITY COUNCIL MINUTES 7 MAY 3, 2016 1 0A -7 1. AGMT NO. 2016 -093 - Authorize the City Manager and Clerk of the Council to execute an agreement with Michael Baker International to provide professional engineering services for a one -year term beginning May 4, 2016, through May 4, 2017, with provision for two one - year term extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $236,956 over the life of the agreement, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -104 - Recognizing $150,000 in current year funds received from fees collected and interest earned in the Local Drainage Area Fund 221, 222, and 223 revenue accounts, and appropriating the same amount into the respective Local Drainage Area Fund 221, 222, and 223 expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15 -130 - POLICE CONVERSION COMPONENTS {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: Award contracts for a two year period expiring April 30, 2018 in an annual amount not to exceed $495,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the Adamson Police Products, Los Alamitos and Lehr, Anaheim. 22B. SPEC. NO. 16 -020 — PURCHASE OF EIGHT FORD INTERCEPTOR SUV POLICE PATROL VEHICLES {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: Authorize a one -time purchase and payment of purchase order to National Auto Fleet Group in an amount not to exceed $263,060, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 8 MAY 3, 2016 1 0A -8 22C. SPEC. NO. 16 -042 - PURCHASE OF 16 MID -SIZE TRUCKS {STRATEGIC PLAN NO. 6, 2) (Parks, Recreation and Community Services Agency and Public Works Agency) - Finance and Management Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: Continue consideration of matter to the May 17, 2016 City Council Meeting, at the request of staff. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR CENTENNIAL PARK NEIGHBORHOOD WATER MAIN IMPROVEMENT (PROJECT 09 -3213) {STRATEGIC PLAN NO. 6, 1C} - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $2,912,602, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Centennial Park Neighborhood Water Main Improvements Project, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $3,786,384, which includes the contract base amount, administration, inspection, testing, and a 15 percent contractual contingency of $436,891. AGREEMENTS 25A. AGMT NO. 2016 -094 - DONATION TO ASSIST IN HOSTING A SERIES OF MOVIE NIGHTS TO HELP BUILD COMMUNITY BY BRINGING RESIDENTS TOGETHER {STRATEGIC PLAN NO. 5, 41 - Councilmember Reyna MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Charitable Ventures of Orange County for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25B. AGMT NO. 2016 -095 - DONATION TO SUPPORT ACADEMICS AND ARTS THROUGH CULTURAL ENRICHMENT SERVICES AND STRENGTHEN CULTURAL PRIDE AND SELF - CONFIDENCE THROUGH THE STUDY AND CITY COUNCIL MINUTES 9 MAY 3, 2016 1 0A -9 PRESERVATION OF TRADITIONAL MEXICAN PERFORMING ARTS {STRATEGIC PLAN NO. 5, 4} - Councilmember Amezcua MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Relampago Del Cielo, Inc. for a one -time donation amount of $2,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 25C. AGMT NO. 2016 -096 - DONATION TO SUPPORT A RELAY FOR LIFE EVENT AT SANTA ANA COLLEGE AND HELP SUPPORT THOSE IMPACTED BY CANCER, INCLUDING PATIENTS AND CAREGIVERS {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the American Cancer Society for a one -time donation amount of $500, subject to non - substantive changes approved by the City Manager and the City Attorney 25D. AGMT NO. 2016 -097 - DONATION TO SUPPORT AN ATHLETIC CLUB AT SEGERSTROM HIGH SCHOOL PROGRAM {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Jaguar Diamond Booster Club for a one -time donation amount of $2,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 25E. AGMT NO. 2016 -098 - PROFESSIONAL AUDITING SERVICES {STRATEGIC PLAN NO. 7, 5F} — City Manager's Office and Finance and Management Services MOTION: Award a contract to White Nelson Diehl Evans LLP, for a two - year period beginning with the fiscal year - ending June 30, 2016 and June 30, 2017, in the amount of $366,675, with a provision for one two -year renewal exercisable by the City Manager, for the for the fiscal year- ending June 30, 2018 and June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2016 -099 - AMENDMENT - INOVAH CASHIERING SYSTEM UPGRADE AND EXTENSION OF HARDWARE SYSTEMS MAINTENANCE {STRATEGIC PLAN NO. 7, 5} - Finance and Management Services and Information Technology Department CITY COUNCIL MINUTES 10 MAY 3, 2016 1OA -10 MOTION: Authorize the City Manager and Clerk of the Council to execute a second amended agreement with System Innovators, a division of N. Harris Computer Corporation, for an upgrade of iNovah, the City's integrated cashiering system, for an amount not to exceed $29,710. Authorization of second amended agreement to also include ongoing software support and hardware systems maintenance for the annual calendar year periods of 2017, 2018, and 2019, along with one additional two year extension for the annual calendar year periods of 2020 and 2021 exercisable by the City Manager and City Attorney, subject to non - substantive changes for an amount not to exceed $202,807.30. 25G. AGMT NO. 2016 -100 - DONATION TO SUPPORT AN ATHLETIC CLUB AT GODINEZ HIGH SCHOOL {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Grizzly Athletic Booster Club for a one -time donation amount of $2,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 25H. AGMT NO. 2016 -101 - AMEND SITE LICENSE AGREEMENT FOR BUS PASSENGER SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the First Amendment with Orange County Transportation Authority, for the term beginning May 3, 2016, through the remaining three of five one -year renewal options to be granted at the City's discretion, to compensate the City $2,282 annually for the use of the license area for bus passenger services at the Santa Ana Regional Transportation Center, subject to non - substantive changes approved by the City Manager and City Attorney. 4, 1 tt• •1T • AGMT NO. 2016 -102 — Authorize the City Manager and Clerk of the Council to amend the agreement with WM Curbside, LLC, for residential universal waste collection by amending the term of the existing agreement to expire on June 30, 2018, and increasing the funding allocation by an amount not to exceed $25,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 11 MAY 3, 2016 1 0A -11 AGMT NO. 2016 -103 — Authorize the City Manager and Clerk of the Council to amend the agreement with WM Curbside, LLC, battery recycling, by amending the term of the existing agreements to expire on June 30, 2018, and increasing the funding allocation by an amount not to exceed $25,000, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2016 -104 - Authorize the City Manager and Clerk of the Council to amend the agreement with Welldyne /RxWest for medical sharps disposal services, by amending the term of the agreement to expire on June 30, 2018, and increasing the funding allocation by an amount not to exceed $25,000, subject to non - substantive changes approved by the City Manager and City Attorney. Mayor Pro Tern Sarmiento abstained on Agenda Item 251 due to campaign contribution. 25J. AGMT 'NO. 2016 -105 - `SYNTHETIC TURF REPLACEMENT SERVICES AT DAN YOUNG SOCCER COMPLEX FIELDS #2 AND #4 (RFP NO. 16 -01) (PROJECT 16 -2660 AND 16 -2666) {STRATEGIC PLAN NO` 6, 1 F) {SURPLUS. ALLOCATION FUNDING} - Public Works Agency and Parks, Recreation and Community Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. Rick Neidermeyer, expressed concern with contractor selected. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with FieldTurf for a one -year term beginning May 8, 2016, in an amount not to exceed $1,035,675 over the life of the agreement, which includes a 15 percent contingency, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero(1) CITY COUNCIL MINUTES 12 MAY 3, 2016 1 0A -12 25Kr 25L. ASE AGREEMENTS FOR IC Councilmember Martinez expressed concern with full takes. MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreements for the full purchase price for the real property listed below and goodwill (if any) with the following property owners, subject to non - substantive changes approved by the City Manager and City Attorney: • AGMT NO. 2016 -106 — With David P. Cohen and Summer L. Cohen in an amount of $ 420,000 for the property located at 827 N. Bristol (APN 405- 262 -21); • AGMT NO. 2016 -107 — With John P.S. Park and Grace P.C. Park Trustees in an amount of $470,000 for the property located at 911 N. Bristol (APN 405 - 262 -24). MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) Councilmember Martinez expressed concern with full takes. MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the full purchase price for the real property listed below and goodwill (if any), with the following property owners, subject to non - substantive changes approved by the City Manager and City Attorney: • AGMT NO. 2016 -108 - With Eduardo Palacio and Elisa Palacio in an amount of $450,000 for the property located at 1242 W. Saint Anne Place (APN 015 - 216 -01); CITY COUNCIL MINUTES 13 MAY 3, 2016 1 0A -13 AGMT NO. 2016 -109 - With Loyd Van Dao in an amount of $540,000 for the property located at 1302 W. Saint Anne Place (APN 408 - 336 -01). MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 25M. AGMT'NO. 2016 -110 - 'SETTLEMENT AGREEMENT FOR TENANT AT 1607 NORTH BRISTOL STREET FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740) (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G & 3 2C) - Public Works Agency Councilmember Martinez expressed concern with full takes. MOTION: Authorize the City Manager and Clerk of the Council to execute a settlement agreement with Joe Garrido dba Farmers Insurance, tenant of the property located at 1607 North Bristol Street (APN 399 - 085 -11), in the amount of $30,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 25N. GEOTECHNICAL, SPECIAL INSPECTION, AND MATERIAL TESTING SERVICES {STRATEGIC PLAN NO. 6, IC) - Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with the each of the three entities listed below to provide on -call geotechnical, special inspection, and material testing CITY COUNCIL MINUTES 14 MAY 3, 2016 1 OA -14 services, for a two -year period beginning May 4, 2016, and expiring May 3, 2018, with provisions for two one -year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $500,000 for each firm over the entire term of the agreement, including any renewals, subject to non - substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2016 -111 —With AESCO, • AGMT NO. 2016 -112 —With United Inspection & Testing, and • AGMT NO. 2016 -113 —With Ninyo & Moore 250. AGMT NO. 2016 -114 - DONATION TO SUPPORT TWO SOFTBALL SCRIMMAGE GAMES {STRATEGIC PLAN NO. 5,41 - CouncilmemberTinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Xtreme Softball for a one -time donation amount of $2,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 25P. AGMT NO. 2016 -115 - DONATION TO SUPPORT A CLASSICAL MUSIC PROGRAM {STRATEGIC PLAN NO. 5,4) — Councilmember Amezcua MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Children's Therapeutic ARTS Center for a one -time donation amount of $1,500, subject to non - substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2016 -05 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2016 -15 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT KIYOMIZU RESTAURANT AT 305 EAST FOURTH STREET, SUITE 105 — PHILLIP KWAN, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 41 - Planning and Building Agency Planning Commission approved recommended action on April 11, 2016, by a vote of 5 -0 (Alderete and Bacerra absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -05 and Conditional Use Permit No. 2016 -15 as conditioned. CITY COUNCIL MINUTES 15 MAY 3, 2016 1 0A -15 31 B. CONDITIONAL: USE PERMIT NO. 2016 -08 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2016 -09 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT MARISCOS HECTOR LOCATED AT 409 NORTH BROADWAY OSCAR OLIVARES, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4) - Planning and Building Agency Planning Commission approved recommended action on April 11, 2016, by a vote of 5 -0 (Alderete and Bacerra absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -08 and Conditional Use Permit No. 2016 -09 as conditioned. MOTION: Amezcua VOTE: AYES: NOES SECOND: Benavides Amezcua, Benavides, Sarmiento (5) None (0) Pulido (0) Martinez, Reyna, ABSENT: Tinajero (1) *Mayor Pulido abstained due to potential conflict of interest due to a campaign contribution. 31 C. CONDITIONAL USE PERMIT NO. 2016 -10 AND CONDITIONAL USE PERMIT NO. 2016 -11 TO ALLOW THE AFTER -HOURS OPERATION OF 7- ELEVEN MARKET FOR 24 -HOUR OPERATION AND AN OFF -SALE ALCOHOLIC BEVERAGE CONTROL LICENSE AT 3960 SOUTH MAIN STREET, UNIT A - DANIELLE FOLEY, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on April 11, 2016, by a vote of 5 -0 (Alderete and Bacerra absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -10 as conditioned and Conditional Use Permit No. 2016- 11. 31 D. REGIONAL PLANNED SIGN PROGRAM NO. 2016 -01 - MCFADDEN PLACE AT 1421 SOUTH VILLAGE WAY — PAULA HALVERSON, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency CITY COUNCIL MINUTES 16 MAY 3, 2016 1 0A -16 Planning Commission approved recommended action on April 11, 2016, by a vote of 5 -0 (Alderete and Bacerra absent). MOTION: Receive and file the staff report approving Regional Planned Sign Program No. 2016 -01 as conditioned. * *END OF CONSENT CALENDAR ** PUBLIC COMMENTS • Ilya Tseglia, requested to speak on Agenda items 22A, 22B, 20A, 55C, 20A and 25E — made general comments about welfare of son who is in custody of the State. • Robert Tseglia, requested to speak on Agenda items 22A, 22B, 20A, 55C, 20A and 25E — asked for assistance as it relates to the wellbeing of brother. BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RELOCATION PLAN FOR BRISTOL STREET PHASE 3A IMPROVEMENTS BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PROJECT NO. 136792) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1G & 3, 2C} - Public Works Agency Councilmember Martinez, commented that agenda report was not available on- line. Clerk of the Council Huizar, confirmed that hard copy available to the public, but not on -line. Council consensus to continue matter. MOTION: Continue consideration of matter to the May 17, 2016 City Council Meeting. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 17 MAY 3, 2016 1OA -17 55B. RELOCATION PLAN FOR BRISTOL STREET PHASE 4 IMPROVEMENTS BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE (PROJECT NO. 116741) (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G & 3, 2C} - Public Works Agency Councilmember Martinez, asked how many units would be relocated; concerned with displacement and important to have equitable process. Jason Gabriel, Principal Civil Engineer, noted that non - residential impacts to 13 business and 1 billboard, and 13 single family units and 1 mixed use property. MOTION: Adopt a resolution. RESOLUTION NO. 2016 -025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE 4 IMPROVEMENTS OF THE BRISTOL STREET IMPROVEMENTS PROJECT BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 55C. ACCEPTING THE DONATION OF FITNESS EQUIPMENT FOR THE SANTA ANA POLICE DEPARTMENT FITNESS CENTER FROM THE SANTA ANA POLICE OFFICERS ASSOCIATION {STRATEGIC PLAN GOAL NO. 1, 11) - Police Department MOTION: Adopt a resolution. RESOLUTION NO. 2016 -026 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF GYM EQUIPMENT FROM THE SANTA ANA POLICE OFFICER ASSOCIATION FOR USE IN THE BRUCE R. CARLSON FITNESS CENTER MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) CITY COUNCIL MINUTES 18 MAY 3, 2016 1 0A -18 ABSTAIN: None (0) ABSENT: Tinajero (1) REPORTS 65A. REGULATORY FEE RELATED TO THE SALE OF SAFE AND SANE FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} - Police Department Staff Recommendation: Review and select an option regarding the implementation of a regulatory fee for the sale safe and sane fireworks from the options listed below: 1. No Policy Change — do not pursue regulatory fee related to the sale of safe and sane fireworks 2. Conduct the staff work required to implement a regulatory fee related to the sale of safe and sane fireworks and present for City Council consideration: The following speakers addressed the City Council: • Kimberly Terrazas, representative of Trinity Crystal Rey Church, concerned with proposed tax increase. • Rick Neidermeyer, suggested that fines be increased and enforced; noted that funds raised directly by non - profit organizations benefit the children in our community. Council discussion ensued. Councilmember Martinez, requested clarification on recommendation action. City Manager Cavazos, noted that recommendation asks City Council to consider matter as status quo or direct staff to review regulatory fee options. Councilmember Martinez, noted that Council needs to provide direction soon since 4th of July fast approaching; asked if funding was available in budget to address illegal activity; reiterated that her recommendation is to take it to the voters for consideration; asked if impacts of proposed recommendations were analyzed. City Manager Cavazos, noted that funds available in current budget, if regulatory fee approved City would be able to provide other services. Councilmember Benavides, noted that Public Safety Council Committee has discussed at length — positive programs offered through non - profits and negative impacts of illegal fireworks; asked that matter be brought back after the CITY COUNCIL MINUTES 19 MAY 3, 2016 1 0A -19 4th of July to decide on voter approved measure or other impacts; supports regulatory fee, but not charged to non - profits. Councilmember Benavides, motion to consider approval of regulatory fee but not all passed on to non - profit organizations but the fireworks industry; need to provide enhanced enforcement and education with goal to reduce illegal fireworks; and return matter after 4th of July for City Council to consider ban. Seconded by Councilmember Amezcua. Councilmember Amezcua, comments that public safety committee had considered increasing fines; asked if sufficient time to place on the ballot. City Manager Cavazos, reminded that if voter approved measure passed any future changes would require it to go back to the ballot; staff will review fines. Councilmember Reyna, supports fines at highest level possible to eliminate illegal; earmark police unit to address illegal fireworks such as unit that works cold- cases; need to have combination of education and enforcement. Mayor Pro Tern Sarmiento, need to consider all comments including members opposed to fireworks; supports review of regulatory fee and preliminary work to place on the ballot. Mayor Pulido, summarized motion proposed. City Manager Cavazos, noted that City Council will go dark on July 19th and would need to agendize by July 5th Mayor Pulido, may need to call special meeting if necessary. Councilmember Benavides, presented motion and noted that at the previous meeting directed staff to agendize options including impacts, enforcement and look at what options to consider including placing matter for voter approval at the July 5th City Council Meeting. Councilmember Martinez, clarified that motion is to be status quo this year, but staff to conduct assessment of regulatory fee to impose in the future and option to place on the ballot; time sensitive. Councilmember Benavides, prefers to have regulatory fee imposed this year to offset costs. City Manager Cavazos, noted that it may be more realistic to bring forth on July 5th because of noticing requirements. John Funk, Acting City Attorney, noted that matter may be considered in the form of Urgency Ordinance. CITY COUNCIL MINUTES 20 MAY 3, 2016 1 OA -20 Councilmember Amezcua, asked if too late to review fines. Mayor Pulido, supports fireworks; important to include discussion with fireworks industry; also concerned about timing for placing matter on the ballot. City Manager Cavazos, staff will bring back consideration of increased fines and regulatory fee structure in the future. FRIENDLYAMENDMENT TO THE MOTION: Consider increasing fines and move forward with option 2 as proposed by staff (above) — direct staff to look at creating a regulatory fee, but to qualify it, and not to be passed on to non - profit organizations. MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento (5) NOES: Reyna (1) ABSTAIN: None (0) ABSENT: Tinajero (1) PUBLIC HEARINGS 75A. CONTINUED PUBLIC HEARING — AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1607 NORTH BRISTOL STREET (APN 405 - 252 -22) FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6,1,G & 3,2,C) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on March 24, 2016. Consideration of item continued from the March 15, 2016 City Council meeting by a vote of 6 -0 (Martinez absent) and continued from the April 19, 2016 City Council meeting due to an insufficient votes required. Public hearing opened and closed at the April 19, 2016 City Council meeting. Councilmember Benavides, commented on location of property. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2016 -027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC CITY COUNCIL MINUTES 21 MAY 3, 2016 1 OA -21 INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1607 N. BRISTOL STREET (APN 405 - 252 -22) MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 75B. CONTINUED PUBLIC HEARING —ADOPTION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER 8 {STRATEGIC PLAN NO. 5, 4E} - Planning and Building Agency Legal Notice published in the Orange County Reporter April 8, 2016 and April 15. 2016. Consideration of matter continued from the April 19, 2016 City Council by a vote of 4 -0. ( Amezcua, Martinez and Pulido absent). Public hearing opened and closed at the April 19, 2016 City Council meeting. The following spoke in support of the revised ordinance: Lou Penrose and Nicholas Dunlap, representing the Apartment Association of Orange County. Councilmember Benavides, requested clarification on proposed changes; how does PREP address the substandard condition of some apartments. Planning and Building Executive Director Hassan Haghani, noted that fee reduced to $2 among a few other changes; PREP program purpose and options to address repeat offenders. MOTION: Place revised ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) IN CHAPTER EIGHT OF THE SANTA ANA MUNICIPAL CODE CITY COUNCIL MINUTES 22 MAY 3, 2016 1 OA -22 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento (5) None (0) None (0) Reyna, Tinajero (2) Martinez, Pulido, 75C. PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2016 -02, AMENDMENT APPLICATION NO. 2016 -02, TENTATIVE TRACT MAP NO. 2016 -02, MITIGATED NEGATIVE DECLARATION NO. 2015 -09, SUMMARY STREET VACATION AND INCLUSIONARY HOUSING AGREEMENT FOR THE FIRST AND PACIFIC TOWNHOME PROJECT AT 1506 THROUGH 1548 WEST FIRST STREET – THE OLSON COMPANY, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 4) - Planning and Building Agency Planning Commission approved recommended action on April 11, 2016 by a vote of 5 - 0 (Alderete and Bacerra absent). Legal Notice published in the Orange County Reporter April 22, 2016 and notices mailed on April 21, 2016. Mayor Pro Tern Sarmiento, noted that Kennedy Commission submitted letter for the record with concerns; requested a continuance of 30 days to allow time to address issues including identifying project as a Housing Element, which project does not correspond; will need to consider discretion on AMI. City Manager Cavazos, noted that staff to work with Council directly and address concerns. John Reekstin, Olson Co. representative, asked City Council to reconsider motion and not delay matter; delay may pose contractual obligation and potentially lose property. Council consensus to continue to the next regular City Council meeting. AMENDED MOTION: Continue consideration of matter to the May 17, 2016 City Council Meeting. MOTION: Sarmiento VOTE: AYES: SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) CITY COUNCIL MINUTES 23 MAY 3, 2016 1 OA -23 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 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. ADOPT RESOLUTION IN SUPPORT OF DESALINATION AS A LOCAL, RELIABLE SUPPLY OF CLEAN SAFE DRINKING WATER — Mayor Pro Tern Sarmiento and Councilmember Reyna Andres Teran and Diego Teran, expressed strong support for desalination project in Huntington Beach. Mayor Pro Tern Sarmiento, supports matter, concerned with over - drafting aquafer, project pending State approval; cost needs to match Metropolitan Water District rates. Councilmember Reyna, echoed comments and supports matter. MOTION: Adopt a resolution. RESOLUTION NO. 2016 -028 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF DESALINATION AS A LOCAL, RELIABLE SUPPLY OF CLEAN SAFE DRINKING WATER MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL RECESSED AT 8:25 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 8:26 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 24 MAY 3, 2016 1 OA -24 COMMENTS PUBLIC COMMENTS • Rick Neidermeyer, representing AYSO, thanked the police department for hard work and efforts in rescuing child • James Kendrick, submitted copy of SAMC section regarding cigarettes; protests cigarette license fees in excess of $600; requested consideration for waiving late fee of $100. • Ilya Tseglia, spoke of son's condition. • Robert Tseglia, concerned with treatment of brother, who is ward of the State. • Sandra "Pocha" Pena, provided update on behalf of the Arts and Culture Commission; half way point through Arts Master Plan and would like input from councilmembers; invited all to observatory for performance by Los Lobos. • Madeline Spencer, spoke of City's economic development efforts; City to finalize Plan. 90A. CITY MANAGER'S COMMENTS • Commented on success for Cinco de Mayo celebration; and • Mentioned that City's Library has received national recognition as one of top 5 libraries; will be receiving prestigious award in Washington D.C. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Requested meeting be adjourned in memory of Chris Chavez who was fatally wounded in a hit and run accident; condolences to the family; noted City's pledge of $10,000 reward to find culprit; • Asked for status of lights on 10th Street; • Request for Proposal for branding and communication & media — requested update and next steps; what is status of economic development plan perhaps reconsider denial of additional funds to finalize report; and • Wished all a Happy a Mother's Day. Mayor Pro Tern Sarmiento: • Congratulated Parks, Recreation and Community Service and Police Department staff for another successful Cinco de Mayo event; • Thanked City Manager and staff for handling Delhi Neighborhood Association on a roundabout on Central Avenue across from Center and school; and also a request from Sandpoint Neighborhood regarding trees and other public safety concerns; • Recognized Councilmember Martinez as first Santa Ana Councilmember sworn - in as SCAG President; is the current President of NALEO and also holds a seat on Metropolitan Water District — very proud of work and representing City; and • Wished his mother and all others a Happy Mother's Day. Councilmember Amezcua: • Thanked staff for another successful Cinco De Mayo event; • Congratulated library for national recognition; CITY COUNCIL MINUTES 25 MAY 3, 2016 1 OA -25 Congratulated Councilmember Martinez on being elected President of SCAG; Thanked all teachers for their hard work and efforts as today is Teacher Appreciation Day; and Wished all a Happy Mother's Day. Councilmember Reyna: • Encouraged all to conserve water; • Commented on success of Cinco de Mayo; • Mentioned that Teachers of the Year award recipients will be recognized at upcoming meeting; • Asked all to shop Santa Ana; new video coming out soon that promotes some of our local businesses; and • Expressed appreciation for his mother and wished all a Happy Mother's Day. Councilmember Benavides: • Commended parks staff on another successful Cinco de Mayo event; • Thanked all who joined the Peace and Unity rally; • Invited all to attend the Love Santa Ana Initiative to be held on May 21St; • Request staff follow -up on economic development plan and review business license fees and have Finance and Economic Development Council Committee consider items; and • Wished all a Happy Mother's Day! Mayor Pulido: • Participated in the Orange County Half Marathon; asked that participants be recognized at upcoming Council meeting including the kids from PAAL; • Wished all a Blessed Mother's Day. ADJOURNED - 9:04 p.m. - The next meeting of the City Council is scheduled for Tuesday, May 17, 2016 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. ADJOURNED IN MEMORY OF CHRIS CHAVEZ Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Budget Approved Fiscal Year 2016 -2017 • 2016 General Election • Economic Development Strategic Plan • General Plan Update, tentatively scheduled for February 2018 • Continuation of update and recommendations for the Santa Ana Jail CITY COUNCIL MINUTES 26 MAY 3, 2016 1 OA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: ORDINANCE - SECOND READING: ADOPTION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER EIGHT OF THE SANTA ANA MUNICIPAL CODE {STRATE 7N7. 5,,,,+) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On May 3, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Reyna and Tinajero absent): ORDINANCE NO. NS -2898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) IN CHAPTER EIGHT OF THE SANTA ANA MUNICIPAL CODE STRATEGIC PLAN ALIGNMENT Approval of 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 action. Maria D. Huizar, Clerk of the Council EXHIBITS: 1. Ordinance No. NS -2898 11 A -1 11 A -2 LS 5.2.16 ORDINANCE NO, NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) IN CHAPTER EIGHT OF THE SANTA ANA MUNICIPAL CODE 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. The City Council of the City of Santa Ana previously adopted the Proactive Rental Enforcement Program (PREP), to provide periodic and systematic inspections of all residential rental properties in the City of Santa Ana. B. The PREP is intended to uncover unsanitary conditions and life safety hazards for occupants of residential rental properties, to ensure that rental properties have operable and safe water, sewage disposal, heating and electric systems, and to encourage owners or managers of residential rental properties to make repairs and conduct preventative building maintenance before deteriorated conditions upon rental property become life safety issues. C. The previous PREP program terminated by its own sunset clause on December 31, 2015, and the City Council hereby finds that the establishment of a periodic housing inspection program is necessary to protect the public health, safety and welfare of its residents. D. All fees assessed for the PREP bear a direct correlation between the amount of the fee and the actual cost of the services provided, including administration, enforcement and implementation services specifically related to the PREP. E. Total projected expenditures for the PREP would amount to an estimated $918,622.00, which includes an estimated $659,000.00 for required staff and an estimated $259,622.00 in operational costs. F. On June 20, 1994, the City Council adopted Resolution No. 94 -026 (Resolution) which approved and adopted the "Gold Seal Incentive Program" whereby particular residential properties or residential apartments may be certified as having met standards of excellence in property maintenance and as certified, would be exempted from payment of the residential rental surcharge fee for a three -year period. Ordinance No. NS -XXXX Page 1 of 16 11 A -3 LS 5 2A G. Such Resolution is hereby rescinded and the Gold Seal Incentive Program is included in the terms of this ordinance. H. The funding for the Gold Seal Incentive Program is $110,000.00, which will provide for 4,782 units to receive exemptions from the annual fee. The number of units that can be approved to participate in the Gold Seal Incentive Program will fluctuate with the adjustment of the annual fee based on the rental program fee study. I. According to 2015 records an inventory of 32,165 rental units are licensed for inspection. Subtracting out the 4,782 units qualified for the Gold Seal Incentive Program, 27,383 units are accountable for the $23.00 per unit annual fee, thus generating an annual revenue of $629,809.00. J. It is anticipated that the deficit for the PREP will be $288,813.00 for the PREP based on the estimated $918,622.00 in expenditures and $629,809.00 in revenues. K. City Council finds that continuation of the Proactive Rental Enforcement Program is essential to the neighborhoods in Santa Ana to provide assurance that the rental housing will not be allowed to revert to the condition which led to the initial concerns for the original implementation of the inspection program. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER -2015- 96 will be filed for this project. Section 3. Santa Ana Municipal Code Section 8 -47 is hereby amended to read as follows: Sec. 8 -47. Proactive rental enforcement program fee. All funds received pursuant to the provisions of section of Article X. Division 2 of Chapter 8 of this Code shall be deposited in a separate account and identified with a separate unique expenditure activity number. All such funds shall be expended solely for the proactive rental enforcement program and shall not be used for any other purpose. All interest income earned by the moneys in the proactive rental enforcement program account shall also be expended only for the proactive rental enforcement program. Should such monies be invested in combination with other funds and accounts, then the pro rata share of the interest earned by all such monies that is Ordinance No. NS -XXXX Page 2 of 16 11 A -4 LS 5.2.16 attributable to the program account shall be expended for the proactive rental enforcement program. Section 4. In Chapter 8 of the Santa Ana Municipal Code, the words "Division 1" shall be inserted after the title "Article X." as follows: ARTICLE X. PROPERTY MAINTENANCE. DIVISION 1. GENERALLY. Section 5. Division 2. Is hereby added to Article X of Chapter 8 ('Property Maintenance ") of the Santa Ana Municipal Code to read as follows: Sec. 8 -1960. Title. This Division of Chapter 8 is known as the "Proactive Rental Enforcement Program" may be cited as such, and will be referred to herein as "this Division ". Sec. 8 -1961. Purpose and Intent. f+ e The purpose of the Proactive Rental Enforcement Program (PREP) is to promote public health, safety, and welfare through a system of proactive code enforcement involving residential rental property within the City of Santa Ana. This code enforcement effort is designed to ensure continued compliance with Section 17920.3 of the California Health and Safety Code, Chapter 8 and 41 of the Santa Ana Municipal Code (SAMC or Code), the Housing Code, the California Building, Electrical, Plumbing and Mechanical Codes which, as adopted by the City of Santa Ana, govern substandard building conditions. The implementation of this program also promotes environments in which unhealthy conditions and life safety hazards are reduced for occupants of residential rental property by identifying and correcting code violations which result in: a threat to occupants' safety, a threat to a building's structural integrity including plumbing, heating and electrical systems, and a negative impact on the surrounding neighborhood. M The intent of this Division is to proactively identify substandard conditions on residential housing property and in residential housing units located thereon; to ensure the preservation, rehabilitation or abatement of rental housing that does not comply with State and local building and housing laws and with maintenance standards established by this Division or is unsafe to occupy; to ensure the health and safety of residents of the City of Santa Ana living in rental housing units. It is the intent of this program to address conditions that are immediate hazards or clearly present a threat to human life, Ordinance No. NS -XXXX Page 3 of 16 11 A -5 LS 5.2.16 health or safety. Such conditions will receive full and rapid enforcement. Significant code violations that are not immediate hazards to human life, health or safety will be subject to full enforcement proceedings however, reasonable time periods shall be established for compliance. In accordance with the provision of Section 17920.3 of the Health and Safety Code, Chapter 41 of the Santa Ana Municipal Code, the Housing Code, the California Building, Electrical, Plumbing and Mechanical Codes, it is not the intent of this program to require mandatory retrofits of exiting conditions which were built or installed according to code requirements in effect at the time of building or installation and have been maintained in a good and safe manner, unless the retrofitting is required by ordinance as adopted by the City of Santa Ana. Sec. 8.1962. Definitions. For the purpose of this Division, the following terms, phrases and words shall have the meanings set forth below. "City" means the City of Santa Ana, a charter city and municipal corporation. "Executive Director" means the Executive Director of the Planning and Building Agency of the City, who is hereby authorized to carry out responsibilities under this Division, including making rules and regulations and adopting guidelines as may be necessary to aid in the clarification and enforcement of the provisions of this Division, or his /her designee. "Leasehold" or "leasehold interest" as applied to any real property shall mean any person who possesses or shares an estate in realty held under lease. As applied to any dwelling, building, structure, premises or portion thereof located on such real property, the term 'leaseholder" and /or "leasehold interest" shall mean any person who possesses or shares in a contract for exclusive possession or control of any such dwelling, building, structure, premises or portion thereof for a limited time. "Leaseholder- lessor" shall mean any person, including the duly authorized agent of such person, who, while in possession of a leasehold or leasehold interest in any residential real estate, acts as a lessor by engaging in the subleasing, subletting, providing, exchanging or trading of any such real property, dwelling, building, structure, premises or portion thereof without loss of leasehold. "Person" shall mean, without limitation, corporations of every kind, all firms and companies, partnerships of every kind, private trusts, real estate investment trusts, estates, associations, joint ventures, limited liability companies of every kind, cooperatives, all other types of business entities defined or authorized under federal and state laws, receivers, trustees, guardians or other representatives appointed by order of any court, and any natural individuals transacting and carrying on any business in the city as the duly authorized agent of any of the foregoing. Ordinance No, NS -XXXX Page 4 of 16 11 A -6 LS 5.2.16 "Property Owner" means that person or entity, including such person's duly authorized agent, holding a vested ownership interest in a given property, whether recorded or unrecorded, including any person appearing as the owner of record of the real property on the most current deed recorded in the Orange County Recorder's Office on the day of inspection and acting as an Owner - lessor. Property Owner shall include any person holding a leasehold interest acting as a Leaseholder - lessor on the day of inspection, including such person's duly authorized agent. In addition, Property Owner shall also mean any person holding equitable title in a given property pursuant to a land sale contract, including such person's duly authorized agent. "Owner - lessor" shall mean any person, including the duly authorized agent of such person, who, while an owner or while having an ownership interest in any residential real estate, acts as a lessor by engaging in the leasing, renting, providing, exchanging or trading of any such real property, dwelling, building, structure, premises or portion thereof without loss of ownership. "Owner's representative" means the property owner's duly authorized agent, including but not limited to, property manager or other person who has charge or control over a rental housing property or a rental housing unit on behalf of the property owner. "Occupant" means any person who occupies a unit, whether as an owner, tenant, co- tenant, lessee, or permittee of the owner, regardless of any lease agreement. "Premises" shall include all lands, buildings, accessory buildings or structures erected or modified, equipment and appurtenances connected or used therewith, and any personal property affixed to or otherwise used for the purpose of transacting and carrying on any business on such premises. "Rental housing property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of Orange, upon which at least one rental housing unit is maintained. `Rental housing property" includes the premises upon which a rental housing unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. "Rental housing unit" means a dwelling unit, building, structure, premises or portion thereof that is being, or is intended to be, rented, leased, subleased, sublet, provided, exchanged or traded, without loss of ownership for the immediate or planned purpose of dwelling, sleeping, lodging, boarding or other such occupancy, accommodation or general residency. Examples of rental housing units covered by this Division include dwelling units in apartment complex buildings and apartment houses, dwelling units in duplexes, triplexes, fourplexes, and fiveplexes, dwelling units in condominiums, dwelling units in townhomes, dwelling units in planned unit developments, and dwelling units comprised of single family residences. "Rental housing unit" does not include units Ordinance No. NS-XXXX Page 5 of 16 11 A -7 LS 5.2.16 used for transient lodging such as dormitories, group homes, roorning or boarding houses, hotels, motels, and bed and breakfast facilities. "Reportable Violations" means those housing code violations which under this program shall give the City cause to issue an Administrative Citation, a Notice of Violation or Notice and Order. "Substandard condition" means the presence of any one or more of the following conditions on rental housing property: (i) any condition that constitutes a public nuisance as defined in California Civil Code Sections 3479 -3480; (ii) any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties; (iii) any violation of the City of Santa Ana Municipal Code that creates a substantial adverse impact on neighboring properties, such as graffiti or abandoned, wrecked, dismantled or inoperative vehicles (or parts thereof); or (iv) any condition not in compliance with the Building Standards Codes, as adopted in Chapter 8 of this Code, including the building, electrical, plumbing, and mechanical codes, the California Fire Code, or the State Housing Law (Health and Safety Code Sections 17910 et seq.). A substandard condition includes, but is not limited to, the following enumerated conditions: A. Property, whether improved or not, which is not kept substantially clean and free from accumulations including, but not limited to, overgrown, dead trees, weeds or other vegetation, rank growth, rubbish, junk, garbage, litter, debris, flyers or circulars. B. Buildings or structures which are unpainted or the exterior paint is substantially worn off; provided, however, that nothing in this section shall be construed to require an owner to paint a building where the architectural style indicates it was intended to be unpainted, such as a brown shingle building. C. Buildings or structures or significant sections thereof including, but not limited to, awnings, canopies, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially deteriorated or defaced, or windows which are missing or broken. For the purposes of this section, "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti." D. Property which contains, in the outdoor area, any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or item, appliance or appliances, boxes, lumber, dirt or debris, trash, garbage or refuse cans, or any items other than those commonly stored outdoors, or any parts of such items. This subsection does not prohibit machinery installed in the rear setback areas for household or recreational use, furniture designed and used for outdoor activities, trash cans in the front yard during the twenty -four hour period allowed for garbage pick -up, and garbage bins or debris boxes. Ordinance No, NS -XXXX Page 6 of 16 11 A -8 L3 5.2.16 Notwithstanding the above definition, public nuisances pertaining to unsafe buildings, structures, or property conditions, as defined by the Building Standards Codes, the California Fire Code, and /or the State Housing Law, shall not constitute a substandard condition for purposes of this Division and shall remain within the exclusive enforcement authority of the Building Official to the extent required by state and local law. Sec. 8-1963. Application /Scope. A. The provisions of this Division shall apply to all owners of one (1) or more residential rental dwelling units or rental housing property located within the city of Santa Ana, unless exempt as provided in this Division. B. The provisions of this Division are supplementary and complementary to other provisions of this Code and applicable statutes. Nothing in this Division may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute, or this Code, including provisions of uniform codes adopted by reference in this Code. These provisions include, but are not limited to, the California Building Standards Codes, as adopted in Chapter 8 of this Code, including the building, electrical, plumbing, and mechanical codes, the California Fire Code, and the State Housing Law (Health and Safety Code Sections 17910 et seq); and zoning requirements listed in Chapter 41 of this Code. C. The provisions of this Division shall not apply to legal accessory dwelling units, rooms rented to single individuals in an owner - occupied single - family residence, hotel or motel units subject to the hotel visitors' tax and mobile home parks. The provisions of this Division regulating residential rental dwelling units are not intended to be exclusive, and compliance with this Division shall not excuse non- compliance with any other applicable provision, requirement, or regulation of this Code or any applicable state and federal law. Nothing in this Division shall limit or preclude inspection conducted by the fire department inspectors for compliance with fire codes. Sec. 8.1965. Responsibility for Maintenance. Every owner of a rental housing unit or rental housing property in the City shall: A. Maintain the rental housing unit and the rental housing property so that no substandard condition exists at the rental housing unit or on the rental housing property; B. Correct all substandard conditions before a re- inspection occurs; and C. Be liable for violations of this Division regardless of any contract or agreement with any third party concerning the rental housing unit and /or its rental housing property. Ordinance No. NS-XXXX Page 7 of 16 11 A -9 LS 5.2.16 Sec. B -1966. Exemptions. A. The following rental housing units shall be exempt from the requirements of this Division: 1. Legal accessory dwelling units and /or rooms rented to single individuals in an owner- occupied single family residence. 2. Rental housing units comprised of a single - family residence or other undivided single residential rental premises as between an owner or leaseholder and any individual immediately related by blood, adoption or marriage to said owner or leaseholder, as approved by law, where the remuneration rendered to said owner or leaseholder does not exceed the cost of maintaining said premises, as set forth in this Code. 1 Eligibility for the fee exemptions herein provided is restricted to property owners who are natural persons and whose ownership of or leasehold interest in said residential rental property is undivided. 4. A property owner or leaseholder claiming a fee exemption under this section shall have the burden of furnishing to the Executive Director such information as the Executive Director may require to support the claim of eligibility for exemption. B. Gold Seal Incentive Program. If a Property Owner's rental housing property or rental housing unit qualifies for the Gold Seal Incentive Program (as further described in Exhibit A (the "Gold Seal. Incentive Program Outline") incorporated herein by this reference as though fully set forth, the Property can be exempt from the periodic regulatory inspection fee for three (3) years. In order to qualify for the incentive program, a rental property owner must pass all parts of a three -stage process, as described more fully in Exhibit A. Sec. 8.1967. (Fees. A. The following fees are established and shall be imposed upon the owners of rental housing properties: 1. Rental Housing Inspection Fee. A non - proratable regulatory inspection fee in the amount established by resolution of the City Council shall be assessed annually on a July 131 to June 30'" fiscal year basis to each owner of residential rental property within the City of Santa Ana to cover the cost of administering and enforcing the provisions of the Proactive Rental Enforcement Program. Except where otherwise provided under the terms of this Division, the Rental Housing Inspection Fee shall be payable 30 days in advance of each fiscal year period. The Property Owner shall have the responsibility for payment of this fee. Ordinance No. NS -XXXX Page 8 of 16 11A -10 LS 5.2.16 2. Re- inspection Fee. The City may, at the discretion of the Executive Director, charge a property owner a re- inspection fee only on the third and subsequent visit to a property for a specific violation. In the event a Rental Housing Property Re- inspection Fee is assessed during the aforementioned fiscal year period it shall be billed and the fee shall be due and payable within thirty (30) days. 3. Permit Fees. Regular permit fees shall be charged upon issuance of permits required for any alteration or repairs to a structure or its utilities as required by the Santa Ana Municipal Code, the Housing Code, Health and Safety Codes and the California Code of Regulations. The Executive Director is authorized to establish procedures for the collection of Permit Fees and any delinquent fees plus interest. B. The City Council shall establish the amounts of the foregoing fees by resolution. C. The Rental Housing Inspection Fee shall first be billed and become due and payable July 1, 2016 for all known "Rental Housing Units" which exist within the City of Santa Ana upon the effective date of this ordinance and such fees shall be deemed past due and delinquent after July 31, 2016. For each subsequent year such fees shall be billed before the last business day in the month of May and shall be due by the last day in the month of June following and deemed delinquent thereafter. Where a newly established, or previously unknown, or previously exempt rental housing property or rental property unit is made known to, or is discovered by the City, or otherwise becomes eligible for payment of the Rental Housing Inspection Fee during the aforementioned fiscal year period it shall be billed and the fee shall be due and payable within thirty (30) days. D. When the last day of the month in which any fee penalty or late interest charge required to be paid pursuant to this Division is due fails on a Saturday, Sunday, or state or national holiday, or City Hall closure day, the payment of such fee may be made without penalty on the first working day of the succeeding month. For the purpose of this Division, postmarks shall be accepted as the date of payment made, provided the transmitting envelope contains a post office cancellation indicating not later than the date due, or in the case of a weekend or holiday, or City Hall closure day, not later than the first following working day. E. Whenever any other payment of any fee required to be paid is received after the time prescribed and such payment was deposited in the United States mail prior to the time prescribed for the receipt thereof, the Executive Director shall regard such payment as having been timely received. Where said due date falls on a weekend, holiday, or City Hall closure day then payment of said fee may be deemed timely if received on the next City business day following in accordance with the criteria established in subsection (D) above. Ordinance No. NS -XXXX Page 9 of 16 11A -11 LS 5.2.16 F. To effectively and equitably implement the purpose and intent of the general provisions of this Division the Executive Director, in his or her discretion, may vary the strict procedural, enforcement, collection, or other administrative requirements of this Division. In addition to all other authority conferred upon him or her, the Executive Director shall have the power, for good cause shown, to waive or reduce any penalty or late interest imposed, or fee demanded. Sec. 8-1968. Reserved. Sec. 8 -1969. Penalties for Delinquent Payment of Fees. For failure to fully pay any required fee(s) when due, the Executive Director shall add the following penalties: A. Ten dollars ($10.00) or ten (10) percent of the unpaid balance of said fee(s), whichever is greater, on the past due date thereof; B. Fifteen dollars ($15.00) or fifteen (15) percent of the unpaid balance of said fee(s), whichever is greater, on the first day of the second month after the due date thereof; C. Twenty -five dollars ($25.00) or twenty -five (25) percent of the unpaid balance of said fee(s), whichever is greater, on the first day of the third month after the due date thereof; and D. Fifty dollars ($50.00) or fifty (50) percent of the unpaid balance of said fee(s), whichever is greater, on the first day of the fourth month after the due date thereof. The maximum amount of delinquent penalty, exclusive of late interest, shall not exceed an amount equal to one hundred (100) percent of the amount of the fee(s) past due. Notification of delinquent past due fee(s) will be given by first class mail no later than the fifteenth day of each month after the month in which said fee(s) first became delinquent, until the maximum penalty is imposed. Sec. 8 -1970. Penalties - Added to Fee. Any penalties hereinabove assessed for delinquent past due fees, exclusive of interest, upon attaining a combined amount equal to one hundred (100) percent of the amount of such fee shall become merged with the fee payable hereunder and shall be considered as a part thereof for all collection purposes. Sec. 8 -1971. — Late Interest. In addition to the past due delinquency penalties imposed in Section 8 -1969, any Rental Property Owner that fails to pay the Rental Housing Unit Fee due shall pay interest at Ordinance No. NS -XXXX Page 10 of 16 11A -12 LS 5.2.18 the rate of one (1) percent per month, or portion thereof, exclusive of penalties, on the amount of the unpaid fee, from the date on which payment first became past due and delinquent until paid -in -full or otherwise satisfied. Provided however, that pursuant to Section 8 -1970 penalties upon attaining a combined amount equal to one hundred (100) percent of the fee due are merged with the fee payable hereunder and any additional interest charged from such date on shall be charged on the combined amount past due and delinquent until paid in full or otherwise satisfied. Sec. 8 -1972. Notice of Inspection. A. The City shall serve written notice of pending inspection on the property owner at least fifteen (15) days prior to the inspection. Such notice will be mailed via first - class mail to the owner and to the owner's representative (if any) at the owner's and owner's representative's addresses, as they appear on the owner's current business license. Such notice will request that the owner call and schedule an inspection within fifteen (15) days. If an owner fails to call to schedule an inspection appointment, the City will send the owner a fifteen (15) day notice of the scheduled date and time of the inspection. This notification requirement is waived however, if the property owner and the City mutually agree upon the date and time of an inspection or re- inspection. B. The owner or the owner's representative must notify the occupants or lessees of the date and time of the interior inspection or otherwise obtain legal access to the unit /s pursuant to the terms of the applicable lease or rental agreement. C. If the occupant or lessee of a rental housing unit does not consent to entry for inspection, the Executive Director is authorized to seek approval of an inspection warrant from a court of competent jurisdiction to cause the inspection to take place. The owner shall not be penalized or fined for the failure of a lessee to afford access to a rental housing unit which is the subject of such an inspection, provided that the owner and /or the owner's representative cooperates with the Executive Director. Sec. 8 -1975. Inspections. The frequency with which a property is inspected over a four -year period shall be determined by the Executive Director, however inspections shall be performed at least once every four years (unless exempt as set forth in this Division). A. Level One Inspection Under the Level One Inspection, only the exterior and /or common areas of the property will be inspected with all violations being cited. This inspection will be done in accordance with a uniform procedure and will involve a standardized checklist of those items which will be evaluated on each property. The checklist will include violations involving any visible substandard and health and safety conditions; general property Ordinance No. NS -XXXX Page 11 of 16 11A -13 LS 5.2.16 maintenance violations; and any other violations of the Santa Ana Municipal Code. These violations may include: a. Poorly maintained landscaping b. Lack of address on structure C. Trash and debris d. Inoperative vehicles e. Trash containers in public view f. Lack of paint on wood surfaces g. Balcony storage h. Deteriorated driveways, porches, landings and balconies i. Deteriorated stairs, guardrails, railings and handrails j. Illegal storage k. Unapproved structural /plumbing /electrical /mechanical exterior alterations I. Other unsightly conditions B. Level Two Inspection The Level Two Inspection may be used on multi- family properties and will consist of an exterior inspection of all structures and common areas, and an interior inspection of twenty percent (20 %) of selected units. This exterior and interior inspection will be done in accordance with a uniform procedure of those items which will be evaluated in each unit. The exterior inspection will include the checklist of violations listed under the Level One Inspection and the interior inspection will include a checklist of: a. Unapproved structural /plumbing /electrical /mechanical interior alterations b. Deteriorated plumbing, electrical, mechanical or structural systems c. Deteriorated walls and floors d, Other substandard conditions as noted in Health and Safety Code Section 17920.3. C. Level Three Inspection The Level Three Inspection will consist of an interior inspection of all units on multi- family properties or an interior inspection of the home on single family properties. This is the most complete level of inspection and will be done in accordance with a uniform procedure and will involve a standardized checklist of those items which will be evaluated in each unit. This checklist will be consistent with the Level One Inspection and the Level Two Inspection. Sec. 8 -1974. Notification of Inspection Results. Within thirty (30) days following an inspection performed under this Division in which any violations are found, the City will send to the Property Owner, by first class mail, a formal notice listing all violations found. Ordinance No. NS -XXXX Page 12 of 16 11A -14 LS 5.2.16 Sec. 8-1975. Compliance. A Property Owner who has been issued a Notice of Violation, Administrative Citation or Notice and Order must correct all reportable violations within the specified timeframes listed on the Administrative Citation, Notice of Violation or Notice and Order. Before initiating any correction of the substandard condition or conditions identified in the formal notice /s by the City to comply, the Owner or the Owner's representative of the rental housing unit shall obtain all necessary permits and pay all required fees for the permits, including, without limitation, any penalty imposed by this Code by reason of any repair, improvement or maintenance which had been done in the past without a required permit, inspection or final City approval. Sec. 8 -1976. Failure to Comply. When a Property Owner receives an Administrative Citation, a Notice of Violation or a Notice and Order, s /he is required to make all necessary repairs outlined in such notice In the prescribed compliance period. If a Property Owner fails to comply within the specified timeframe, s /he may be subject to civil citation fines or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the administrative citation fines in place of other remedies shall be at the sole discretion of the City (SAMC section 1 -21). Issuance of administrative citation fines shall not be deemed a waiver of any other enforcement remedies found within this Code including the referral of a Notice of Violation and /or Notice and Order being referred to the City Attorney's Office for legal action. See. 8-1977. Appeals. A. Any recipient of an administrative citation may contest that there was a violation of the Santa Ana Municipal Code or that he or she is the responsible person by completing a "request for hearing" form and returning it to the City within fifteen (15) days from the date the administrative citation is served or deemed to have been served as indicated in Section 1 -21 of this Code. Such "request for hearing" forms shall be made available at no charge by the planning and building agency. A failure to file a timely "request for hearing" shall be deemed a waiver of the right to appeal the citation and to seek judicial review (SAMC section 1- 21.8). B. A Property Owner may initiate an administrative appeal to the Executive Director regarding the notices, violations, citations and /or fees that the Property Owner has received in conjunction with a property inspection as performed under the provisions of this program at set forth in Chapter 3 (Uniform Hearing and Appeal Procedure). Sec. 8 -1978. Penalty for violation. Every violation of the provisions of this Division shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable as provided for in section 1 -8 of this Ordinance No. NS -XXXX Page 13 of 16 11A -15 LS 5.2.16 Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. In addition, the City may seek injunctive relief and civil penalties in court for violations of this Division. The remedies provided for in this Division shall be cumulative and not exclusive of any other remedies available under any other federal, state or local laws. Sec. 8 -1979. Relocation Costs. If any lessee is displaced from a rental housing unit after an order to vacate issued by the Executive Director because a violation is of such a nature that the immediate health and safety of the lessee is endangered, the costs and expenses of relocating the lessee from the unit are and shall be the responsibility of the owner to the extent required by State law (Health & Safety 17975- 17975.10) and in accordance with the terms of the lessee's rental agreement, if any. Sec. 8 -1980. Removal of Tax Benefit. If, after a notice and order to repair has been issued, and the property owner fails to correct the violation, the City may utilize any administrative or legal remedy available. Further, the City intends to utilize the provisions of Section 24436.5 of the Revenue and Taxation Code to encourage the elimination of substandard conditions in rental housing. Said section provides for the disallowance for State income tax purposes of interest, depreciation, taxes, or amortization deductions, which are derived from the ownership of rental housing which is not in compliance. The City is also authorized to use the remedies set forth in State Housing law. Sec. 8 -1981. Nonpayment of Fee; Assessment of Fee Debt by Public Lien; Recording and Enforcement of Liens; Recording Service Fee. A. Recording of a Certificate of Lien. If any fee amount, including penalties, late interest, and any administrative fees or fines required to be paid under this Division is not paid when due, the Executive Director, or any duly authorized employee of the City acting as his or her designated agent, may record or cause to be recorded, in the office of the Orange County Recorder, a certificate which specifies the amount due, the name and address of the person liable for the same, a statement that the Executive Director has complied with all provisions of this Division in the determination of the amount required to be paid, and a legal description of the real property owned by such person. From the time of the recording of the certificate, the amount required to be paid together with penalties, interest, and administrative fees owing constitutes a lien upon all real property in the county owned by such person or thereafter acquired before the lien expires. The lien shall have the force, effect and priority of a public lien and shall continue for ten (10) years from the filing of a certificate unless sooner released or otherwise discharged. Ordinance No. NS -XXXX Page 14 of 16 11A -16 LS 5.2.16 B. Recording service fee. Whenever the Executive Director in his or her discretion determines that the recording of a certificate of lien is desirable to secure and effectuate the collection of any amount required to be paid under the terms of this Division, then a recording service fee shall be applicable in the amount as specified by resolution of the city council. Section 6. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. ADOPTED this APPROVED AS TO FORM: Sonia Carvalho, City Attorney day of May 2016. By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 11A -17 Ordinance No, NS -XXXX Page 15 of 16 LS 5.2.16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A -18 Ordinance No. NS -XXXX Page 16 of 16 GOLD SEAL INCENTIVE PROGRAM 1. BACKGROUND The incentive program is a mechanism that positively affects the quality of rental housing in the City of Santa Ana. The program provides a monetary and marketing incentive for rental property owners to abide by a set of minimum criteria - criteria that is, in some cases, over and above that which is required by law. Monetary Incentive - Owners of rental property who apply and qualify for the program are exempt from the regulation inspection fee. Marketing Incentive - Owners of rental property who apply and qualify for the program are presented with materials to utilize when marketing their units. All rental properties in the City of Santa Ana that pay a current regulation inspection fee are eligible for the incentive program. A property with any one of the following conditions is ineligible for the incentive program: A. Unpaid regulatory inspection fee B. Outstanding code violations Application Fees — Application fees will not be charged for the first 100 applications. After the first 100 applications are processed, staff will evaluate whether or not an application fee should be charged as a disincentive for frivolous filings. 3. QUALIFYING FOR THE INCENTIVE PROGRAM In order to qualify for the incentive program, a rental property owner must pass all parts of a three - stage process. Level One - The rental property owner will notify the City that he /she wishes to apply for the incentive program and fill out the appropriate application. This will initiate a review and evaluation of the property's management practices. Owners will be asked to provide the necessary information and documentation to verify that they currently adhere to the following five good management practices: Good Management Practices: a) Owner abides by all fair housing laws b) Owner uses a formal method to screen all potential residents c) Owner utilizes a written rental agreement that contains specific criteria d) Owner utilizes written "House Rules" e) Owner performs "walk - throughs" at the beginning and end of each tenancy 11A -19 Specific criteria necessary for verification of the "good management practices" shall be outlined in the program implementation policy. Each management practice must be passed in order to advance to Level Two and is subject to on -site verification during the Level Two inspection. Level Two - Only owners who have passed Level One of this program will be eligible to initiate Level Two. This stage consists of an exterior inspection of the property and verification of the current use of the good management practice materials submitted by the owner during Level One. The criteria for this exterior inspection is listed under "Violation Checklist" and the inspector evaluating the exterior conditions will do so with the goal that such conditions should be in an "above average" to "superior" condition and collectively the property should be in exceptional condition. The criteria and /or specific materials necessary for the on -site verification of the good management practices shall be outlined in the program implementation policy and the property owner shall be made aware of the materials necessary prior to the Level Two inspection. A property must have a 100% pass rating of the criteria listed under "Violation Checklist, Exterior /Common Area, Must Pass Items" and have an overall 85% pass rating of rest of the criteria in order to clear approval of Level Two and advance to Level Three of the incentive program. Level Three - Only owners who have passed Level Two of this program will be eligible to initiate Level Three. This stage consists of an interior inspection of rental units. The criteria for this inspection is listed under "Violation Checklist, Interior Areas" and the inspector evaluating the interior conditions will do so with the goal that such conditions should be in an "above average" to "superior' condition and collectively the property should be in exceptional condition. A maximum of 10% of the dwelling units in a complex (rounded up on any fraction) will be inspected (but no less than one unit). The units to be inspected will be selected by the inspector from a list of at least 20% of the units on the property (vacant and /or occupied) selected by the owner. A property must achieve a score of 85% or higher to achieve passage of this stage of the incentive program. Prioritization of Applications - Applications will be reviewed in the order they are received. Incentive benefits will be awarded on a first come basis by qualification date. Twenty percent of the properties qualifying for the benefits must contain 15 units or less and 20% must contain 16 units or more. The remaining sixty percent may be from either category. Applicants whose properties qualify for the Gold Seal benefit but who cannot receive exemption due to a lack of available funding will be placed on a priority list by certification date. Should funding become available, these priority applicants will only be required to pass a Level 1 inspection to qualify for the available funds. The certification period will begin on the date they pass all the required program incentive criteria. 11 A -20 ffj:1 11 Only owners who have achieved passage of all three levels will qualify for the monetary and marketing incentives granted to exceptional properties under the Gold Seal incentive program. Once granted, the Gold Seal will be valid for four (4) years and will run with the property, not with the ownership, during that time. However, it is the responsibility of the new owner to notify the City of the transfer of ownership and to continue to meet the obligations of the program. After 4 years, in order for a property to continue to receive the benefits of the Gold Seal incentive program, the owner must reapply for the program and completely requalify through the process outlined in this document. 5. DELAYED EXEMPTIONS Applicants who fail to meet the established qualification deadline to be certified for the Gold Seal benefit may be qualified for the award when the applicant can provide proof that a processing delay on the part of the City was the cause for them missing the deadline. 6, QUALIFICATION EXEMPTION On occasion a property may be documented to have exemplary management practices, but such efforts are negated by special circumstances beyond the owner's /manager's control (such as property location, gang activity or external vandalism) which prevent the property from qualifying. In some rare rases and only at the discretion of the Code Enforcement Manager, certain properties may be qualified for the benefits of the incentive program because of special circumstances. 7. LOSS OF INCENTIVE PROGRAM PRIVILEGES If a qualified property has deteriorated to the point that it is no longer exceptional, the Code Enforcement Manager may choose to re- evaluate the property and, if necessary, revoke the property's incentive program privileges. Program privileges would cease on the date the revocation occurs. Such properties would not be eligible for the incentive program benefits for a period of twelve (12) months beginning with the date of revocation. Property owners whose property privileges have been revoked may not reapply during the twelve (12) months they are on suspension. The privileges of requalifying properties will not be effective until the beginning of the next fiscal year following the twelve (12) month suspension. Those owners who have applied for the incentive program but do not qualify or have failed may appeal such decisions to the Executive Director or his /her designee. The decision of the Executive Director, or his /her designee, shall be final. 11 A -21 GOLD SEAL INCENTIVE PROGRAM VIOLATIONS CHECKLIST EXTERIOR / COMMON AREAS Must Pass Items (100% on applicable items): 1. Poor landscaping - no ground cover, dirt areas, unsightly, dead trees, overgrown yard. 2. Excessive chipped /peeling paint. 3. Graffiti. 4. Damaged /unsightly fences. 5. Unauthorized enclosed balconies /patios. 6. Unpermitted /illegal lock(s) on required exit(s). oujja _ _ �7 i t� l+ � ] ► LL' Must Pass Items (85% or higher on applicable items): 7. Deteriorated /substandard roofing. 8. Unsafe pools — pools with algae, unsafe pool fences and pool gates. 9. Loose or unsafe stairs, handrails or guardrails. 10. Unsafe or severely damaged decking /subfloor on balconies above ground level 11. Unapproved building, electrical, plumbing or mechanical alterations. 12. Excessive broken sprinklers. 13. Torn window /door screens. 14. Uneven sidewalks and /or walkways. 15. Dirty hallways, sidewalks or walkways. 16. Illegal fences. 17. Unsightly window coverings. 18. Deteriorated driveways, blocked driveways, excessive oil on driveways. 19. Excessive or unsightly storage on balconies or patios. 20. Drying clothes on fences or bushes. 21. Loitering on property. 22. House furniture in common /public areas. 23. Remaining evidence of sewage spill. 24. Dirty building exterior. 25. Illegal storage under carports. 26. Inoperable vehicles. 27. Vehicles for sale. 28. Street or unit numbers missing. 29. Banners without permits. 11 A -22 VIOLATIONS CHECKLIST Must Pass Items (85% or higher on applicable items): 30. Storage on roof 31. Broken /missing mailboxes. 32. Cracks or holes in siding. 33. No manager office sign. 34. Inoperative exit signs. 35. Business on property without proper permits. 36. Dirty common areas /play areas. 37. Dirty awnings. 38. Excessive trash /debris throughout common areas. 39. Dirty trash bins, excessive trash lying outside trash enclosure. 40. Trash containers in unapproved locations. 41. Unapproved security screen doors. 42. Broken or missing fire extinguishers. 43. Leaking plumbing. 44. Hazardous electrical condition(s). 45. Damaged exterior doors. 46. Damaged shutters. 47. Stairs, handrails, guardrails in need of paint. Must Pass Items (100% on applicable items): 1. Missing smoke detector in bedroom(s). 2. Missing smoke detector in hallway(s) adjacent to bedroom(s) 3. Missing carbon monoxide detector. 4. Uncapped gas line(s). 5. Lack of hot/cold running water. 6. Sleeping in closet or kitchen. 7. Unapproved /unsafe light fixture(s). 8. Unlicensed commercial activity in unit. 9. Unapproved security bars on windows. 10. Loose or unsafe stairs, handrails or guardrails. 11. Unpermitted water heater change -out. 12. Interior hoarding conditions. 13. Unapproved building, electrical, plumbing or mechanical alterations. 11 A -23 GOLD SEAL INCENTIVE PROGRAM VIOLATIONS CHECKLIST Must Pass Items (85% or higher on applicable items): 14. Illegal lock or latch on exterior doors(s). 15. Lock and /or hasps on bedroom door(s). 16. Clogged /leaking plumbing. 17. Inoperative electrical eutlet(s) /im proper wiring. 18. Severely deteriorated floor covering /sub - flooring. 19. Lack of /inoperable heating. 20. Smoke detector(s) inoperative /not provided. 21. Unapproved structural alterations. 22. Cockroach /rodent infestation. 23. Missing /severely damaged switch /plug cover(s). 24. Broken tub /shower glass. 25. Electrical appliances(s) used in unapproved exterior location. 26. Unsightly balcony storage. 27. Laundry drying on patio or balcony. 28. Trash chute and /or surrounding are not in sanitary condition. 29. Deteriorated /water damaged interior walls(s). 30. Deteriorated /water damaged ceiling(s). 31. Dire need of paint on interior walls. 32. Severely deteriorated cabinets or drawers 33. Blocked bedroom emergency exits(s). 34. Cover plates missing on wall heater. 35. Unvented fuel burning heater. 36. Damaged interior door(s). 37. Peeling paint on walls or ceilings. 38. Grossly deteriorated /insanitary countertops. 39. Inoperative bathroom ventilation. 40. Interior of unit filthy /insanitary. 41, Occupants in unit exceed number on rental agreement. 42. Items hanging from sprinkler head and /or lines. 43. Deteriorated window covering(s). 44. Inoperable kitchen exhaust vent. Gold Seal Program 2016 Ordinance Exhibit A 11 A"e -24 CITY OF SANTA ANA (D FINANCE, ECONOMIC DEVELOPMENT AND TECHNOLOGY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled City Council Committee meeting scheduled for Monday, May 9, 2016 at 5:30 p.m. has been cancelled. No future meeting is scheduled at this time. aIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at / (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for l.i accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vicente Sarmientc, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tem, Ward 1 - Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPOdonsanu- nna.om VSarmlenNOsand- ana.aro - MMartinez,esanh -ana oro a AMasllarmaanta'an —ra nBenavldesftanra -ena om BRevnaflsen�eana ora Vinaleroasansa- ana.om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714. 647.6520 • Website: www.santa- ana.ore 13A -1 13A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17774 (1206 NORTH HARBOR BOULEVARD) (STRATEGIC PLAN NO. 3o 2) CITY MANAGER 9 9 iJM4� Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended [� Ordinance on 1" Reading CI Ordinance on 2nd Reading Implementing Resolution [] Set Public Hearing For CONTINUED TO FILE NUMBER This action informs the City Council of the imminent approval of the subdivision based upon the Subdivision Map Act and meeting all of the conditions of approval set by the City, The City Engineer has received Final Tract Map No. 17774 (City Tract Map No. 2014 -01), for 1208 North Harbor Boulevard (Exhibit 1), from the current owner, TH Harbor Venture, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. The project site is located within the corridor district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). The Tentative Tract Map No. 17774 was approved by the City Council on February 3, 2015. Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 17, 2018. STRATEGIC PLAN A GI LAMENT 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), FISCAL IMPACT There is n� fiscal Impact associated with this action. Fred �lousavipour Exec tive Director Public Works Agency Exhibit 1. Map 17A -1 K i PROPERTY LINE ° J PROPERTY LINE 20' PROPERTY LINE EXHIBIT 1 w Z O Q LLJ CURB FACE J CD WASHINGTON °" AVENUE cc O m Q 112 CURB FACE 11TH STREET SANTA ANA Title% r-i city council TRACT MAP N0.17774 PWA Date: mcsfullaw uMoy n. 2016 1206 NORTH HARBOR BOULEVARD 313 25 38 51 66 81 u- w 26 �- 39 ° 52 ° 67 �+ 82 �- m o J 14 27 40 ° 53 J 68 83 a 96 3L 15 28 41 541OT 69 84 ° T ors P TRIBELLA COURT (PRIVATE STREET)LOTA LOT w LOT CC LOT v 4 16 29 LO Z 42 55LO Ah 70 85 5 °017 30 43 56 71 86 31 44 57 72 67 97 6 °18 71 32 45 58 73 88 LOT 19 PP — 59 89 LOT K o J o J 99 J LOT KK74 c J 8 ° 20 60 75 90 LOT RR 9 0 21 33 46 61 76 91 34 47 62 77 92 ° 10 22 35 0 48 63 0 78 93 98 II 23 36 49 64 79 94 J 12 24 37 50 65 80 9 c LOT F J LOT GG LOT L LOT HH LOT VV LOT DO LOT L LOT EE LOT EE 641' ° J PROPERTY LINE 20' PROPERTY LINE EXHIBIT 1 w Z O Q LLJ CURB FACE J CD WASHINGTON °" AVENUE cc O m Q 112 CURB FACE 11TH STREET SANTA ANA Title% r-i city council TRACT MAP N0.17774 PWA Date: mcsfullaw uMoy n. 2016 1206 NORTH HARBOR BOULEVARD REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) 21�12LZ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ® As Amended C� Ordinance on 1®t Reading ® Ordinance on 2 "d Reading [] Implementing Resolution ® Set Public Hearing For„ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013 -014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of 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. Exhibit: 1. Memo Request for Destruction of Records — Community Development Agency 19C -1 19C -2 ?916 Af '20 t"M f!: PEE MEMORANDUM CBTY C; s :l: , CLER r Ryan Hodge �� � � � `�_ � !i To: Assistant City Attorney Date: April 7, 2016 Terri Eggers From: Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you,, C Terri Eggers 19C -3 HOUSING AUTHORITY OF THE CITY OF SANTA ANA RECORDS DESTRUCTION SCHEDULE 2016 �t RE OD� ��4 °` RECOR tDESCRIPrJON d EChORD�D TES OFti BOX�E xpg�x q Application for Applicant application and Housing Authority Housing Certificate correspondence while on wait list Jan — Dec 2012 0 Voucher Applicant file through voucher Housing Authority Expired Voucher Jan —Dec 2012 1 issuance Application, correspondence and Housing Authority Tenant Files all paperwork related to tenant's Jan — Dec 2012 136 participation on the program PREPARED BY: ( Jc�442� 44.7 —avic�0 Terri Eg&d Date Senior Community Development Analyst Community Development Agency RECORDS DESTROYED: Number of Boxes 19C -4 CONSENT BY: �i y 1 Al I �eAC, Judson Brown Date Housing Manager Community Development Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE; 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, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®tReading ❑ Ordinance on 2 "dReading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between January 1, 2016 to March 31, 2016 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit 1 is a listing of all purchase orders and agreements entered into between January 1, 2016 to March 31, 2016, valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Quarterly Report of Contracts 19D -1 19D-2 d d Ca 7 w U O 0 Z = 2 Z 0 U O o O Z `o w u z Q w X x E 'O d Z W d w a ❑ m❑ Y m w QQ X w Q 0 > a u pU w vai w Z LL w la7 p O gd m H d w U n u a U a Z d Z Y d n ? 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A z m n � D Z Z y n m ^' D n z n m m m m Z O A O GDl O m m m AO -DI vi m z D W Z Z z v mz � Z� A m m D Z to Q° O vi Z: to G_ 'n 7J m D Z N < Z �^ D m n O z N m D v m ^ < m Z m O i^ Z m O O < � � Z 19D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR APRIL 2016 {STRATEGIC PLAN NO. 5, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY. APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2A Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for April 2016. DISCUSSION The April 2016 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: httr)://www.santa-ana,org/strategic-planning STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's Engagement & Sustainability, Objective initiative to expand access to informatio n active role in discussing public policy and FISCAL IMPACT efforts to meet Goal #5 Community Health, Livability, #1 (Establish a comprehensive community engagement and create opportunities for stakeholders to play an setting priorities). There is no fiscal impact associated with this item. 19E -1 19E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2018 TITLE; QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2016 — MARCH 2016 (STRATEGIC PLAN NO. 5, 3) CITY MANAGER !RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED C] As Recommended j� As Amended CJ Ordinance onl'tReading ❑ Ordinance on 2 "0 Reading ❑ Implementing Resolution [j Set Public Hearing For CONTINUED TO Receive and file the quarterly report for Housing Division Projects and Activities (January 2016 — March 2016). CQfNMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At Its regular meeting on April 27, 2016, by a vote of 5:0 (A, Marcia absent), the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION The status report for the quarter ending on March 31, 2016 provides statistics for the day -to -day affordable housing activities. The report Is divided Into three sections, Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including clown payment assistance for first -time homebuyers and rehabilitation loans for historic single - family, single- family and mobile homes. inquiries are received from the public and applications are mailed out and received for these programs on a continual basis. During this quarter, there was one Loan Subordination request, Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and the total fiscal year. 19F -1 Quarterly Report Housing Division Projects and Activities January — March 2016 May 17, 2016 Page 2 Table 1: Applications Sent Out, Received & Approved Rehabilitation Loan Underwriting and Approval Process Staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Construction Process During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners in selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of this quarter, there were two (2) homeowner rehabilitation projects out to bid and six (6) under construction. Homeownership Approval Process Staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight - hour pre - purchase counseling program from a HUD - approved agency, be pre - qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $466,000 for a single 19F -2 Inquiries Applications Applications Applications Program Sent Out Received Approved Q3 Total 03 Total Q3 Total Q3 Total FY FY FY FY Single-Family Rehabilitation 20 75 18 69 0 10 1 1 Mobile Home Rehabilitation 18 54 15 47 4 12 1 2 Multi-Family Rehabilitation 1 4 0 0 1 1 0 0 Historic Home Restoration 1 3 1 2 1 1 0 2 Homeownership 20 86 20 82 3 13 2 8 Rehabilitation Loan Underwriting and Approval Process Staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Construction Process During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners in selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of this quarter, there were two (2) homeowner rehabilitation projects out to bid and six (6) under construction. Homeownership Approval Process Staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight - hour pre - purchase counseling program from a HUD - approved agency, be pre - qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $466,000 for a single 19F -2 Quarterly Report Housing Division Projects and Activities January — March 2016 May 17, 2016 Page 3 family home or condo or $560,000 for a newly constructed condo or home. The updated maximum sales price became effective on April 13, 2015. Additionally, the property needs to be in good condition and pass an inspection by staff. During this quarter, two (2) buyers were approved for Inclusionary Housing Unit purchases at Magnolia Lane. Loan Portfolio Management & Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of this quarter, the principal balance was $111,349,414. This is comprised of 429 loans of which 403 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $64,021 in payments of principal and interest during the quarter. Table 2: Portfolio Revenue Monitoring As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, 42 owner occupancy recertification letters were mailed; 30 were returned and processed. Staff also audited files for 52 units in 12 projects, and conducted code compliance inspections for 126 units in 73 projects. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The majority of the inspected units as well as the grounds and common areas were found to be in compliance at the time of initial inspection. Some of the units had observable deficiencies, including loose toilets, inoperative burners, faulty GFCI outlets, inoperative smoke alarms and carbon monoxide detectors. All of the deficiencies were repaired and the units were found to be in compliance at the time of the subsequent re- inspection. 19F -3 3rd Quarter Total FY Loan Payoffs $22,825 $1,444,790 Residual Receipts Payments $6,663 $134,701 Amortized Loan Payments $34,533 $107,568 Total $64,021 $1,687,059 Monitoring As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, 42 owner occupancy recertification letters were mailed; 30 were returned and processed. Staff also audited files for 52 units in 12 projects, and conducted code compliance inspections for 126 units in 73 projects. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The majority of the inspected units as well as the grounds and common areas were found to be in compliance at the time of initial inspection. Some of the units had observable deficiencies, including loose toilets, inoperative burners, faulty GFCI outlets, inoperative smoke alarms and carbon monoxide detectors. All of the deficiencies were repaired and the units were found to be in compliance at the time of the subsequent re- inspection. 19F -3 Quarterly Report Housing Division Projects and Activities January — March 2016 May 17, 2016 Page 4 Development Projects NSP 1, 2 and 3 Programs The City's intermediaries, ANR Industries, Orange Housing Development Corporation, and C &C Development, continue to look for eligible properties. Multi- Family Acquisition / Rehabilitation Projects The rehabilitation of 940 S. Minnie Street was completed during this fiscal year and is fully occupied. The City issued a Request for Proposals (RFP) for Acquisition and Rehabilitation of Affordable Housing within the City of Santa Ana. It is anticipated that the RFP will be awarded in Quarter 4 of this fiscal year before the City's July 2016 HOME commitment deadline. In -Fill Development Projects Habitat for Humanity of Orange County completed the construction of two new single - family homes at 4106 and 4110 W. McFadden Street and is currently working with qualified buyers for each of the properties. Depot at Santiago (New 70 -Unit Affordable Rental Housing Development) Permits were issued and construction commenced in April 2016. This project is expected to be completed in July 2017. Andalucia Apartments (New 70 -Unit Affordable Rental Housing Development) Foundations and onsite roadways are in place. Rough framing is about 25% complete. Construction is progressing well and is on target for completion in December 2016. Santa Ana Arts Collective (Adaptive Reuse of 64 Affordable Rental Housing) The Developer, Meta Housing Corporation, was awarded funds through a Request for Proposal (RFP) process to acquire and develop 64 Affordable Rental Housing units with preference for low- income artist households. The Developer is in the entitlement process and working on their application for Low - Income Housing Tax Credits. The Developer completed a concept proposal application for Cap & Trade funds in February 2016. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City 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). 19F -4 Quarterly Report Housing Division Projects and Activities January — March 2016 May 17, 2016 Page 5 FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Cort z_... - -- '' Special Assistant to the City Manager City Manager's Office JB /RL 19F -5 19F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 CLERK OF COUNCIL USE ONLY; TITLE: APPROVED APPROPRIATION ADJUSTMENT - ❑ As Recommended WORKFORCE INNOVATION AND ❑ As Amended ❑ Ordinance Reading OPPORTUNITY ACT FUNDS FOR on [J 2" Ordinance on � Reading PROGRAM YEAR 2015 -2016 ❑ Implementing Resolution (STRATEGIC PLAN NO. 2,4) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER Approve an appropriation adjustment recognizing additional Workforce Innovation and Opportunity Act grant funds in the total amount of $4,030 in revenue account (no. 12318002- 52001) and appropriating as follows: • $343 in Administrative Allowance funds to Reserve Appropriation account (no. 12318752- 69011); • $1,941 in Adult funds to Reserve Appropriation account (no. 12318753 - 69011); $1,150 in Dislocated Worker funds to Reserve Appropriation account (no. 12318754- 69011); and • $596 in Rapid Response funds to Miscellaneous Operating expense account (no. 12318756 - 63001) DISCUSSION The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and match employers with the skilled workers needed to compete in the global economy. WIOA supersedes the Workforce Investment Act of 1998 and the first legislative reform of the public workforce system in 15 years. The Act went into effect on July 1, 2015 with the Department of Labor responsible for its implementation. California is a direct recipient of WIOA funding and contracts with designated Local Workforce Development Areas (LWDA) to address workforce needs of employers and the community. The California Workforce Investment Board recommended approval that the City of Santa Ana be designated as a local workforce development area under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation. The 20A -1 Appropriation Adjustment — WIOA Grant Funds Fiscal Year 2015 -2016 May 17, 2016 Page 2 designation is from July 1, 2015 to June 30, 2017, it will be reviewed and evaluated every two years against federal performance and compliance outcomes. On August 18, 2015 City Council authorized the execution of a new sub -grant agreement with the Workforce Services Division of the State Employment Development Department (EDD) and approved an appropriation adjustment to recognize the $13,554 additional Youth funds that were not anticipated at the time of the Fiscal Year (FY) 2015 -16 budget adoption. On March 1, 2016 City Council authorized the recognition of $104,529 in additional program funds allocated by EDD through unilateral sub -grant modifications to the agreement. EDD has released information notifying LWDAs that the U.S. Department of Labor has overturned the 0.2108 percent recession that was applied to the second round funding allotments. Therefore, Santa Ana has been awarded additional grant funds for Adult, Dislocated Worker, and Rapid Response as shown on the table below: The WIOA regulations allow each LWDA to use ten percent of Adult, Dislocated Worker, and Youth funds for administrative costs. Ten percent of the additional Adult and Dislocated Worker funds are $343. The remaining Adult and Dislocated Worker funds will be utilized to provide career and training services to participants in the community that need assistance. Rapid Response funds generally have only a one year grant period. Therefore, the additional $596 must be expended before the end of the current fiscal year to respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $4,030 in revenue account (no. 12318002 - 52001) and appropriate $4,030 for expenditure as follows: 20A -2 Adult Dislocated Worker Rapid Response Totals Final Allocation Amounts $1,112,927 $713,948 $258,159 $2,085,034 Appropriated Amounts FY to Date $1,110,771 $712,670 $257,563 $2,081,004 Difference $ 2,156 $ 1,278 $ 596 $ 4,030 The WIOA regulations allow each LWDA to use ten percent of Adult, Dislocated Worker, and Youth funds for administrative costs. Ten percent of the additional Adult and Dislocated Worker funds are $343. The remaining Adult and Dislocated Worker funds will be utilized to provide career and training services to participants in the community that need assistance. Rapid Response funds generally have only a one year grant period. Therefore, the additional $596 must be expended before the end of the current fiscal year to respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $4,030 in revenue account (no. 12318002 - 52001) and appropriate $4,030 for expenditure as follows: 20A -2 Appropriation Adjustment — WIOA Grant Funds Fiscal Year 2015 -2016 May 17, 2016 Page 3 Account Program Expenditure in FY Amount 12318756 -63001 Rapid Response 2015 -16 $ 596 12318752 -69011 One Stop Admin 2016 -17 343 12318753 -69011 Adult 2016 -17 1,941 12318754 -69011 Dislocated Worker 2016 -17 1,150 TOTAL: $4,030 s ,y' R bent C. Cortez------- Special Assistant to the City Manager City Manager's Office RC /DS APPROVED AS TO FUNDS AND ACCOUNTS: l e' � Francisco Gutierrez Executive Director Finance and Management Services Agency 20A -3 20A -4 M 0 A0111111 0 MI 0 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: INCREASE SCOPE OF CONTRACT WITH METRO BUILDERS & ENGINEERS GROUP, LTD. FOR SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIRS (PROJECT: 16 -2666) {STRATEGIC PLAN NO. 6, 1Band 1G} CITY MANAGER i • L i I Jj 14 01614 9EI*Afislj CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on Zd Reading ❑ Implementing Resolution ❑ Set Public Hearing Far_ CONTINUED TO FILE NUMBER Approve an increase of $800,000 to Metro Builders & Engineers Group, Ltd, construction contract for the Santa Ana Stadium Structural Concrete Repair Project, to address the urgent safety and liability Issues that were discovered during construction, subject to nonsubstantive changes approved by the City Manager and City Attorney. Approve Appropriation Adjustment to recognize Liability & Property Insurance Fund Reserves in Balance from Prior Year revenue account 08009002 -50001 and appropriate same to expenditure account 08009051 -66220 in the amount of $800,000. DISCO SS ION On the January 19, 2016, City Council awarded a contract to Metro Builders & Engineers Group, Ltd. with a total project cost analysis in the amount of $689,300 to construct the Santa Ana Stadium Structural Concrete Repair Project (Exhibit 1). The project was intended to repair the stadium's structural integrity by repairing various locations with visible deteriorated concrete, which has caused reinforcing steel to become corroded. During construction, an excessive amount of hidden corroded steel was discovered on critical support beams and girders. The repair methods of the added work require much more comprehensive shoring and a modified process in order to minimize construction delays. This additional work also requires City staff to procure additional support services from structural engineers to design retrofit repairs that will allow use of this public facility during repairs, The unforeseen additional work was not part of the original scope, but Is necessary to reopen and allow the public to use the stadium facility. Staff recommends increasing Metro Builders scope by an additional $800,000 to expedite the repairs and minimize the disruption to the public events that regularly take place at the stadium. 20B -1 Increase Scope of Contract with Metro Builders & Engineers Group, Ltd. May 17, 2016 Page 2 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), 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. 2015 -111 was filed for these projects. FISCAL IMPACT The Project Cost Analysis originally estimated project expenditures of $689,300, which included the construction contract, construction administration, inspection, testing, surveying and contingencies (Exhibit 2). An additional $800,000 will be added to the project for the additional scope of work. With approval of the Appropriation Adjustment, funding is available in the Liability and Property Insurance Fund (Account No. 08009051 - 66220) for project 16 -2656 for expenditure in Fiscal Year 2015 -16. u. Exbcutive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ��✓ Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 20B -2 WMINVI 1 r 6TH STREET h w s LEGEND. PROJECT AREA EXHIBIT SANTA ANA � CrrY COUNC< PROJECT 16 -2666 f� AGENDA DATE, SANTA ANA STADIUM MANY 17, 2016 STRUCTURAL CONCRETE REPAIRS .uss n Env PAGE 1 OF 1 EXHIBIT 1 r1- COST ANALYSIS PROJECT NO. 16 -2656: SANTA ANA ATADIUM STRUCTURAL CONCRETE REPAIR Construction Contract $468,639.60 Contract Administration $38,133.00 Inspection and Testing $51,535.40 Survey $0.00 Contingencies $130,992.00 Additional Scope of Work (this action) $800,000.00 TOTAL ESTIMATED PROJECT DELIVERY COST $1,489,300.00 EXHIBIT 2 • ,' • CITY COUNCIL MEETING DATE: MAY 17, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD TO COURTESY ❑ As Recommended CHEVROLET CENTER FOR MID -SIZE [I El TRUCKS SPEC. NO. 16 -042 El O Ordinance on 1 a� Reading ❑ Ordinance on 2nd Reading {STRATEGIC PLAN NO. 6,2) ❑ Implementing Resolution (SURPLUS ALLOCATION FUNDING) ❑ Set Public Hearing For t',�P CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Reject the bid from Nissan of Stockton as nonresponsive to the specification. 2. Authorize a one -time purchase and payment of purchase order to Courtesy Chevrolet Center for the purchase of 16 Colorado pickup trucks in an amount not to exceed $386,575, subject to non - substantive changes approved by the City Manager and City Attorney. Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. Department: Project: Category Total Funding: Finance Vehicle Replacement Facilities /Assets $1,300,000 DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when vehicles need replacement. This criteria includes vehicle age, mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement criteria, 14 mid -size pickup trucks purchased between 2000 and 2002 with an average mileage of 91,565 miles have been identified for replacement. Funding for thirteen of the vehicles is identified and available in the Fiscal Year 16 -17 Surplus Allocation Plan. These vehicles are assigned to the Finance Department (3 vehicles), Parks and Recreation (1 vehicle), Planning & Building Agency (6 vehicles), and the Public Works Agency (3 vehicles). One additional replacement vehicle for the Public Works Agency will be funded by the FY 16 -17 Refuse Enterprise funds. Staff is requesting approval of these vehicles early to ensure current year pricing and provide delivery to end user departments by August 2016. 22A -1 Contract Award for Mid -Size Trucks May 17, 2016 Page 2 The Notice Inviting Bids was advertised on March 9, 2016 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 64 Vendors were notified 11 Vendors downloaded the bid packet 4 Bids received 1 Bid received from Santa Ana vendor The bids were opened on March 30, 2016 and evaluated (Exhibit 1). The bid received from Courtesy Chevrolet Center is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a five percent contingency has been included in the award amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $358,120 will be budgeted and made available in FY 2016 -17 Finance Fleet Maintenance account (05010022- 66400) and $28,455 in the Refuse Collection Service account (06917640-66400). Fre« Mousavipour Executive Director Public Works Agency CLJsp Exhibit: 1. Bid Summary APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22A -2 ABSTRACT OF BIDS MID -SIZE PICKUP TRUCKS (16 -042) Bidder Courtesy Chevrolet Delillo Chevrolet George Chevrolet Location San Diego Huntington Beach Bellflower Terms Net 30 1 day Net 30 Delivery 60 days 60 days 45 - 120 days Total $56,617.96 $59,274.72 $57,314.44 Bidder Guarantee Chevrolet Reynolds Buick, Inc Location Santa Ana Covina Terms Net 30 2% 30 days Delivery 90 days 90 - 120 days Total *$57,986.3 $60,486.48 * Indicates I% vendor preference factored in for evaluation purposes EXHIBIT 1 22A -3 22A -4 • !! imp CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: CONTRACT AWARD TO GOLDEN STAR TECHNOLOGY, INC. FOR HEWLETT PACKARD AND ARUBA CARE SOFTWARE SUPPORT (SPEC. NO. 16 -060) (STRATEGIC PLAN NO. 6,1) (SURPLUS ALLOCATION FUNDING) Q__j CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on ViReading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For [Ki7�Ir1�1�1��7C�; FILE NUMBER Authorize a one -time purchase and payment of purchase order to Golden Star Technology, Inc. for the purchase of Hewlett Packard support contract renewal in the amount of$39,848.62•and for the purchase of Aruba care software support in the amount of $19,685, for a total amount not to exceed $59,585, subject to non - substantive changes approved by the City Manager and City Attorney. The portion of this project is funded through the Council approved Surplus Allocation Plan dated October 20, 2015: Department: Project: Category: Total Funding: Network, Data Centers and $1,065,000 Technology Servers /Software Communications Technology ($19,685 for Aruba Upgrade software support) The City's two data centers support the continuous City business operations on a 7 day, 24 hour, 365 year cycle. In order to provide this level of service, the Information Technology Department maintains the computer infrastructure with manufacture supported maintenance contracts with the same service level capacity. The Hewlett Packard servers and storage equipment within the data centers require provision with access directly to the manufacturers' technical support centers. This level of support allows the Manufacturer to interactively diagnose system troubles and to provide fixes to localized problems, returning -to- service as soon as possible. In addition, the support contract with Hewlett Packard includes access to bug fixes, patches, and upgrades. These are essential for preserving the fitness and considerable investment in the hardware. 22B -1 Contract Award for HP and Aruba Support Contract Renewal May 17, 2016 Page 2 The Notice Inviting Bids was advertised on April 18, 2016 and offers were solicited. A summary of the bids and offers received is as follows: 130 Vendors were notified 18 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 3 Bids received Bids were received and opened on April 26, 2016 (Exhibit 1). The bid received from Golden Star Technology, Inc. is responsive to the specifications and meets the City's requirements. Additionally, the City's existing enterprise wireless infrastructure provides public and private wireless access services to City Hall and 26 remote City facilities, which includes the libraries, Park and Recreation Centers, Council Chambers, Police Department and community centers. The maintenance and support for these services covers the necessary hardware, software, updates, and upgrades required to continue the successful operation of the wireless infrastructure. Request for quotes were solicited for the Aruba care support and maintenance, and Golden Star Technology, Inc. came in the low offer at $19,685. Staff recommends the approval of this item to renew both software support contracts. STRATEGIC PLAN ALIGNMENT Approval of these 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). FISCAL IMPACT Funds for FY 2015 -16 are available in the amount of $39,900 in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 62300) and $19,685 in the Finance Information Technology account (no. 05010024 - 66400). APPROVED AS TO FUNDS AND ACCOUNTS: J Ciulla Francisco Gutierrez C of Technology Innovations Officer Executive Director I ormation Technology Department Finance and Management Services Agency Exhibit: 1. Abstract of Bids EG 22B -2 Contract Award for HP and Aruba Support Contract Renewal May 17, 2016 Page 3 ABSTRACT OF BIDS CONTRACT AWARD FOR HP SUPPORT CONTRACT RENEWAL Golden Star VENDOR Technology, Inc. Vology, Inc. Sysorex USA LOCATION OFFER Cerritos, CA $39,848.62 Oldsmar, FL $40,970.00 Larkspur, CA $42,947.96 ABSTRACT OF QUOTES (informal under $25,000) CONTRACT AWARD FOR ARUBA SUPPORT CONTRACT RENEWAL Golden Star VENDOR Technology, Inc. CDW -G Vector Resources, Inc. LOCATION Cerritos, CA Vernon Hills, IL OFFER $19,685.00 $19,985.00 Exhibit 1 22B -3 Rancho Cucamonga, CA $20,829.67 22B -4 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: CONTRACTS AWARD FOR SWIMMING POOL MAINTENANCE AND REPAIRS (SPEC. NO. 16 -006) {STRATEGIC PLAN NO. 6, 1C} C/n CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for swimming pool maintenance and repairs for a two -year period expiring May 31, 2018 with provisions for a one -year renewal exercisable by the City Manager, in an annual aggregate amount not to exceed $70,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Waterline Technologies Santa Ana Blueray Management, LLC Newport Beach California Waters Development, Inc. Yorba Linda DISCUSSION The Parks, Recreation and Community Services Agency, General Maintenance Division is responsible for maintaining the City's aquatic centers and water features. Due to heavy use of the aquatic facilities and deferred preventive maintenance over the last several years the facilities are in constant need for equipment repairs and replacement. The City is requesting a contract for on -call services to address routine maintenance and emergency repairs, as well as overdue deferred maintenance projects. The Notice Inviting Bids was advertised on January 20, 2016 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follow: 38 Vendors notified 14 Vendors downloaded the bid packet 5 Bids received 2 Bids received from Santa Ana vendors 22C -1 Contracts Award for Swimming Pool Maintenance & Repairs May 17, 2016 Page 2 Bids were opened on February 18, 2016 and evaluated (Exhibit 1). The bids received from Waterline Technologies, Blueray Management, LLC, and California Waters Development, Inc. are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to the three lowest bidders to allow for competitive quotes and flexibility in scheduling. STRATEGIC PLAN ALIGNMENT Approval of this item supports 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). FISCAL IMPACT Funds are available and will be budgeted as follows: Description Accounting Unit FY 15/16 FY16/17 FY 17/18 Park Maintenance 01113250 -62320 $5,000 $10,000 $5,000 Facility Maintenance 01113260 -62320 $7,500 $15,000 $7,500 Park Improvements 05113263 -62320 $22,500 $45,000 $22,500 Upon exercising the renewal option funds in the amount of $70,000 for FY 2017 -18 and FY 2018- 19 will be budgeted and made available as follows: Description Accounting Unit FY 17/18 FY18/19 Park Maintenance 01113250 -62320 $5,000 $5,000 Facility Maintenance 01113260 -62320 $7,500 $7,500 Park Improvements 05113263 -62320 $22,500 $22,500 Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency Exhibit: 1. Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: -kn� � � � )t�a Francisco Gutierrez, t�.� Executive Director Finance and Management Services Agency FA /d s /sp 22C-2 ABSTRACT OF BIDS SWIMMING POOL MAINTENANCE & REPAIRS (16 -0 Waterline Bidder Service First Technologies Location Santa Ana Santa Ana Labor Rates Mon — Fri 8:OOam — 5:OOpm $133.65* $96.03' Mon — Fri 5:01 pm — 7:59am $193.05* $96.03" Holidays & Weekends $193.05* $96.03* Parts Discount from MSRP 10% 28% * Indicates 1 % vendor preference factored in for evaluation purposes EXHIBIT 1 22C -3 Blueray California Waters Commercial Aquatic Bidder Management, LLC Development, Inc. Services, Inc. Location Newport Beach Yorba Linda Anaheim Labor Rates Mon — Fri 8:OOam — 5:OOpm $95.00 $95.00 $175.00 Mon — Fri 5:01 pm — 7:59am $120.00 $145.00 $250.00 Holidays & Weekends $145.00 $160.00 $250.00 Parts Discount from MSRP 30% 10% 25% Waterline Bidder Service First Technologies Location Santa Ana Santa Ana Labor Rates Mon — Fri 8:OOam — 5:OOpm $133.65* $96.03' Mon — Fri 5:01 pm — 7:59am $193.05* $96.03" Holidays & Weekends $193.05* $96.03* Parts Discount from MSRP 10% 28% * Indicates 1 % vendor preference factored in for evaluation purposes EXHIBIT 1 22C -3 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AWARD CONTRACT TO EXCEL PAVING COMPANY FOR THE 3RD STREET TRAFFIC CALMING PROJECT (PROJECT: 15 -6606) (STRATEGIC PLAN NO. 5,481) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended 0 Ordinance on 1" Reading ❑ Ordinance on 2nd Reading Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Excel Paving Company, the lowest responsible bidder, in accordance with the bid in the amount of $239,480, for the term beginning upon execution of the contract and ending upon project completion, for the 3rd Street Traffic Calming Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $299,350, which includes the contract base amount, administration, inspection, testing, and a $23,948 contingency. DISCUSSION In an effort to increase pedestrian walkability in the downtown corridor and enhance intersection safety for all users, including pedestrians and bicyclists, the project will construct a landscaped traffic circle, curb ramps, and median islands within the existing public right -of -way along 3rd Street between Birch Street and Spurgeon Street (Exhibit 1). Funding is provided by the Orange County Partnership to Improve Community Health (OCPICH) grant intended to address the leading risk factors for the major causes of death and disability in the United States, including poor nutrition and physical inactivity. Once completed, these improvements will provide safety enhancements and improve mobility for all users. A Notice Inviting Bids was advertised on March 25 and 30, 2016, and bids were opened on April 11, 2016. The following is a summary of the bid invitations made and the bids received: 23A -1 Contract Award For 3rd Street Traffic Calming Project May 17, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 6 Bids received 1 Bids received from Santa Ana contractors 0 Bid Results Summary RANK I BIDDER'S NAME LOCATION I BID 1 I Excel Paving Company Long Beach 1 $239,480.00 One bid was received and considered responsive. Excel Paving Company submitted the lowest responsive bid in the amount of $239,480 (Exhibit 2). Based on a staff analysis of the bids received, staff recommends award of a construction contract to Excel Paving Company to address the safety concerns identified in the grant (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to health food option in neighborhoods). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No.2016 -28 was filed for the project. 23A -2 Contract Award For P Street Traffic Calming Project May 17, 2016 Page 3 FISCAL IMPACT The estimated total delivery cost of the project is $299,350, which includes construction, contract administration, inspection, testing and contingencies (Exhibit 4). Funds in the amount of $223,473.00 are available in the Emergency and Health Grants Fund (Account No. 12217600- 66220) and $75,877.00 in the Measure M2 Street Construction Fund (Account No. 03217662- 66220) for expenditure in Fiscal Year 2015 -16. Fred Mousavip6tir Executive Director Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez 1 Executive Director Finance & Management Services Agency 23A -3 23A -4 )) Ia3WS #n [ @; LL \ \ cl § \(/ k §[! � k } \ aSWS HOUIS § , < \ \} +B71 22A.5 23A -6 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmlento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal Tinaiero April 6, 2016 ADDENDUM No, ONE CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 M -36 Santa Ana, California 92702 (714) 647 -6013 v W k2gla-ana oro EXHIBIT 2 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar SUBJECT: PROJECT NO. 15.6606: 3rd Street Traffic Calming from Birch Street to Spurgeon Street The following change has been made to Specifications for the subject project: Specifications 1. Page xvii, Bid Opening, paragraph 1. Replace with the following: The Agency publicly opens and reads bids at the time and place noted on the Notice Inviting Bids. Prior to Bid Opening, Contractors will be required to comply with the City's new security policy and sign -in with the receptionist on the first floor (policy attached). Contractors will sign -in under Bid opening for Project 15 -6606 to receive elevator access to the 3rd floor lobby. Contractors should allow themselves additional time to register in order to avoid missing the time - stamp deadline as stated on the Notice Inviting Bids. 2. Add new Appendix H, Proposed Downtown Street Furniture Map: See Attachment. 3, Pages P -1 of P -18 and P -2 of p -18; Replace with the attached pages P -1 of P -18 and P -2 of P -18. All other terms and conditions remain the same. CltY'OF�SANT %ANA I ez William "Edwin" G f z City Engineer SANTA ANA CITY COUNCIL. Miguel A. Pulido Vicente 9ermento Wild. Martinez Angelica Ami.nua P David Hanatidae Nome" R.,e eel Tlnajoro Mayor Mayor Pro Tom, Wald l Wafd 2 Weal Ward 4 We'd 5 Ward 6 mnulidorfTi sane -ana orq vsannientof95anla- u ru ore nnwrUnuz6Haanta unaoy aart�r yzn rg[6a §nta -ana ore ftju dyyfalsanta ana orn rrpyp(�j'Sgsfl tl9 ana arq a sana g� org s e 23A -7 CITY OF SANTA ANA PRADDENDUM , OJECT NO. PROPOSAL PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U.58DP005861) SID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ° 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 1 Unclassified Excavation CY 8o $ $ So�D 00 2 AC Pavement* TN 55 $ a� $ Ilv7✓J 3 Construct PCC Sidewalk (7' =4 ")* SF 825 $ $ 7 3 4 Construct PCC Curb Ramp* SF 1140 $ d $ QJ S Cnnstnict PCC Driveway (T =6')* SP 55 $ $ 6 Construct PCC Curb only (B -I)* LF 260 $� 7 Construct PCC Curb and Gutter (A -2 -6)* LF 50 r 10, 9 4 000' 8 Construct A C DIKE Trar6c Circle (Curb LP ('5 $ $ Face =6)* /.qg 5G^ qq�/ !'7 O- .�� 9 Consnvat mtd Provide Brick Paver Band* SF 70 $ r $ �r 10 Adjust Manhole Frame and Cover to Grade EA7 I $ $ pbo- 1 I Adjust Water Valve Frame and Cover to EA 1 $ Grade t5D o — _sb6 -- 12 Adjust Pull Box to Grade -- — EA 1 $ Lobo $/ 13 Landscaping LS 1 $ $ 0000` 0060_ 14 _ Landscape Maintenance (60 calendar — LS 1 $ $ days): 19b–, 15 Furnish and Install Soil* CY 20 P -1 ofP -I8 23A -8 ADDENDUM NO. ONE CITY OF SANTA ANA PROJECT" NO. 15 -6606 PROPOSAL PROJECT NO. 15 -6606: 3"" STREET TRAFFIC CALMING (PAID# U58DP005861) Item Description Qty Unit Unit Price Amount 16 Signing and Striping LS i 17 Temporary Construction Sign* EA 4 $ Igo- $ 18 Furnish and Install Bike Racks (Complete in Place)* EA 64 $ �^ J� $ 19 Furnish & Install Bench by Victor Stanley Model it CBF -10 (Complete in Place * EA 9 $ y� i✓ $ Z���' 20 Install Tree Grates (Complete in Place)* EA_ 25 $ $ 21 Furnish and Install Ceramic Way- Finding Markers Complete in Place)* EA 50 $ D ° $ D s ii J) TOTAL BASE BID $ �q Add Alternative Bid "A" 22 1 Furnish and Install Bronze Way - Finding EA 50 $ �b Markers ( Comnlete in Place)* t✓ s TOTAL ADD ALTERNATIVE BID "A" $ TOTAL BASE BID +ADD ALTERNATIVE BID "A" I s ®� 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 "25 % " 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. TIML 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 number 30 wor in ,s1as after the commencement date stated In the Notice to Proceed. Preconsuuctlon meeting shall take place one week after Council Award. Project 15 -6606 shall be completed by August 15, 2016 and Bid Items (18, 19, 20, 2l) shall be completed by .July 5, 2016. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 er calendar day. Name of Firm " Signature of BIDDER Title C -P, 00ffli, Pf-IM )I N'i (If ant 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 -18 23A -9 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 drat document. State of Cafifomia } County of Los Angeles ) On APP 1 1 (JIR before me, C. Phillips, Notary Public Date Here Insert Name and Title of the Officer personally appeared C. P. Brown Names) of Signs*) who proved to me on the basis of satisfactory evidence- to be the person(s) whose name(s) Is/am subscribed to the within instrument and acknowledged to me that he /shay executed the same In Itls,0MMtlte)r authorised capacity(les), and that by hist1libiftwir signature(s) on the instrument the person(s), or the entity,upon behalf of which the person(s) acted, executed the instrument. A� nyfomm Exniws QCL 29.201611 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 1 Signat of Notary Public Place Notary Seat Above --' OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capactty(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator M Other: Signor Is Representing: Signer's Name: • Corporate Officer — Tille(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: ...4« ... �e�.nvy � �epq l 5 . �h�.1�y v /�;iy('!' , w+' l -rK1fi: r(35.: u4� ✓ <wSeFW aG�.n':c?:iC 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3 R STREET TRAFFIC CALMING (FAID## U58DP005861) 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. , e Name of Firm am MW Signature of BIDDER t2r- % Title CIP SH01N, PHESMIR11 (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.) CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6606:3' STREET TRAFFIC CALMING (FA1D# U58DP005861) 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: Wpz Business Address: LOW am m, CA Ms Business E -Mail Address: Telephone: py) 5J8 -5841 State Contractor's License No. and Class: t °'4 „ 600654 �k License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: 00 OW 333 State 'Dept. of Industrial Relations (DIR) Registration Expiration Date: Aq U_ _v4 ��jj i Signed: a. K1 t,,. „,_„) Title: C, f.1SiJOVIN,P4Il;WENT 23�P42 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) 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 $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. . MIUM Name of Firm MfjM1 pAIBMS �t1 Signature of BIDDER Tide (if an ^,P, so state) ( ► Z.. ;+ CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3im STREET TRAFFIC CALMING (FAID# U58DP005861) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGF ) SS: CITY OF SANTA ANA ) ' P. 'SRO N , being duty sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERS$IP That he /she is a member of the co- partnership 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. ~� o CORPORATION That r &wT EL PAVING COMW __- a corporation which is making the foregoing proposal: © JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint 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 contract, for himself or any other person. Signature of Bidder Subscribed and swo to before me this Ai R , .1 2016 day of Signature o o ficer A tinistering Oath (Notary Public) , LOv A1 Cninn fxpnrs pct. 20, ?(1161i 23-JAC f 4 20 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (PAID# U58DP005861) BID BOND KNOW ALT, PRESENT that, PALP Inc. dba Excel Paving Company , as BIDDER, and Federal 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 the total amount of the bid Dollars (, 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. IN WITNESS WHEREOF the parties hereto have set their names, tides, hands, and seal this _30th day of March 2016. SURETY* 2230 Lemon Avenue 562- 590 -5841 15 Mountain View Road, Warren, NJ 07059 - "timothy D. Rapp, Attorney in Fact Subscribed and sworn to before me this day of '20-. Signature; Notary Public in and for the County of State of Provide BIDDER/ SURETY name, address, and telephone munber and the name, title, address, and telephone number of authorized representative. P -7 of P -18 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 Orange ) On March 30, 2016 before me, Debra Swanson, Notary Public . (insert name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is /are subscribed to the within instrument and acknowledged to me that he /ems executed the same in his /*&4"O authorized capacityfes), and that by hisfkier4Heir signature(* on the instrument the person(-&), 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. .s w:..., WITNESS my hand and official seal. q'D 1:t5izr, swANSONCo"I, #19971 i9 NOTARYPUELIGCAtlPORHIA� ORANa GOt1NTY CohjPA, EXP, NOV 10, 2010 Signature (Seal) 23A -16 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDI COMPANY, a New York corporation, and PAC appoint Douglas A. Rapp and Timothy D. trio corporation, VIGILANT INSURANCE corporation, do each hereby constitute and each as their true and lawful Attorney- in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or othetwlae, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed In the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, these presents and affixed their Searporete seals on this 18th day of December, 2 Kenneth G. W ' Kenneth C. Wends, Assistant Secretary „pab STATE OF NEW JERSEY ,•✓" 88, county of Somerset INDEMNITY COMPANY have each executed and attested On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by we duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY. COMPANY and knows the corporate seals thereof, that the seals affixed to ins foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Lam of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B, Norris, Jr., and knows him to be Vice Preaidentof said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and in deponent's presence. Notarial Seal J KATHERINE J. ADELAAR a NOTARY PUBLIC 16 NEW JFRSFI y 7 D—D Nr, 2316665 Comrniulan Expires July la, 2014 rvotery Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respecilve designations, The signature of such officers may be engraved, printed or lithographed The signature of each of the fallowing Smears: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by feca lle to any power of attorney or to any certficale relating thereto appointing Assistant Secretaries or Aftemays- In- Foot for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such focaimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and'cerVhed by such faoslmlle signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I, Kenneth C. Wendel, Assistant Seel of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companlesy do hereby certify that {i) the foregoing extract of the By. Laws of the Companies Is true and correct, (if) the Companies are duly licensed and authorized to transact surety business In all 60 of the United States of America and the District of Columbia and are authorized bythe U.S. Treasury Departmel further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (Ili) the foregoing Power of Attorney is true, correct and In full force and effect, Given under my hand and seals of said Companies at Warren. NJ this 30th day of March, 2016 .,.VPaN� w �SNS =NCP Wb1ANP W �Aa p0.f-rt �XrR��� l..11!/Mr%.Cl� Kenneth C, Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903. 3656 e -mall: suretyochubb.com Form 15 -10- 02268 -U (Ed, 5 -03) CONSENT 234 -17 CALIFORNIA ALL-PURPOSE r.: .r 1)- ..<.. ns.•r i.. .<. 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 APR 1 1 2616 before me, C. Phillius, Notary Public Date Here Insert Name and Title of the Officer personally appeared C. P. Brown Name(s) of Signeo) who proved to me on the basis of satisfactory evidence• to be the person(s) whose name(o Is/am subscribed to the within Instrument and acknowledged to me that he/sbadhey executed the same in hisIbAk ok authorised capacity(les), and that by hlsihi 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. ti WITNESS my hand and official seal. NH 1I ur s �n (QMM 1!19,36117 m �� Notsry Y u1Nic f ati FOrni � �% Signature r Ins ANGL LES COUNTY ! My Cmnm. reol,es 0, t.79, ?0187 Asione of Noi$ry puailC Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capaoity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): • Partner — ❑ Limited ❑ General • individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: _ Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Cl Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©.1� . r e +• r a r e e r r :11 f 711: .:: 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3s' STREET TRAFFIC CALMING (FAID# U58DP005861) LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: VM of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /2% 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 firms listed below: Name License # DIR Reg, Location Phone Type Of Amount $ Name License DIR Reg License Location Phone Type Of Amount tl 1' Name License #/Exp. DIR Reg, WExp, Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Location Phorte Type Of Work Amount $ Name License fl/Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ I Signature of Bidder C'11' moym nao"MCMT rte=121 CITY OF SANTA ANA PROPOSAL PROJECT NO. t5 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has perfornied similar work within the past three years. 1. Vin �M A `1D �ihr {fi n Name and Address of Owner. lUnc and Telephone Number of pggrson/f 11111u• with project. Contract Amount Type of Work Date Completed 2. P ` j "UwF b1-% -- Name and dress of owner. V._�_�_AAV"A Name and Te eplYone Number of peon familiar with project. Contract Amount Type of Worl D to Completed 3. 11 Name and Address of owner. OnA bJ d4, j-1A Name and Telephone Numbe qA6 a67, -- Contract Amount ofpefson familiar with project. 1 610`x"` c� l 2t 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. 2TA4Z08 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6606:3 RD STREET TRAFFIC CALMING (FAIR# U58DP005861) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. 1. E \0 &" U (ate Name and Address pf Owner._ d Telephone Number of ersgqn amiliar �6ith pJp oject. Amount Type of Work 2. �tO l UiM 0%�i r Name and Address of owner. t�a#L VWe171t c1a0t) �i ul f Date Completed Name and Telephone Number of person familiar with ro'ect. Contract Amount Type of Work r5ate Completed 3. (lA A I, ,UA %nml (/Ji Ll n it 61°- A74 9'91 t e and Address of owner. J a J Q1, .... .........................._610) -1 X324. — Name and Telephone Number of persons iliac with project. 6A 11 zbmsti& 0,- 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. UP ivy 1 b Vajn+l.r 01400 Lilo col `�� 23Af-24 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3'm STREET TRAFFIC CALMING (FAIR# U58DP005861) NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed r 3 C146 M TIMN, I"ir H,l)EW State of California County of i..M d4WIr"LES Subscribed and sworn to (or affirmed) before me on this _ day of gV, `� 1 ', z0�, by r fr AnoWN , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public ' mature Notary Public Seal "�� 4.PaII.IiF'S 1 A� COMM. H1996J77 n { ^^ Nolof Public- Goll(orma 40S ANGELES COUPI "FY 'u ""rrr ==. My COnnn. Cxpilefi 0Ct. 29, 201f�1 2 /4i22 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6606:3R" STREET TRAFFIC CALMING (FAID# U58DP005861) 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. e, p1 - s CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 312D STREET TRAFFIC CALMING (FAIR# U58131`005861) 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 achninistering 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 1.735, 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 Chapter. Signed: ( -T. Title: ,0.5,P,")w?I,S c t1ENI" Firm: Awl MCINA E < R. WAN Tq . Date: A0R i 1 2016 CITY OF SANTA ANA PROPOSAL PROTECT N0. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) 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: 1. 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 some manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: C, F. 6RfTWPI, PME MENY �z . ,. CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) 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 CPR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the constriction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: C . Title: ^ fflovm, apusdL7? "P1T r Firm: Date: Ann i i >nar r ., CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3' STREET TRAFFIC CALMING (FAID# U58DP005861) PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 102851 (Chapter 376, Stats. 1985), the bidder hereby declares under enalty of perjury under the laws of the State of California that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section,, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The tenth "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checlmiark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) 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 If the answer is yes, explain the circumstances in the following space. CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6606: 3`u' STREET TRAFFIC CALMING (FAID# U58DP005861) PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two -year period because of the Contractor's failure to comply with an order of a federal count which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that maldng a false certification may subject the certifier to criminal prosecution. :e /o (THE BIDDER'S E.YECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO C'ONST(TUTE AiV ENDORSEMENT AND EI'ECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPOR'T'UNITY CERTIFICATION The BIDDER VeN PA%ANG C proposed subcontractor hereby certifies that he has _, has not _ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CPR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CPR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, US. Department of Labor. 23A -30 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. �\I< Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 23A -31 NONLOBBYING CERTWICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing acid submitting this bid or proposal, to the best of big 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 Federal 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 malting of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) ff any (ands other than Federal appropriated fund's have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 of Lobbying Activities," in conformance with its instructions. 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 malting 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23A -32 DISCLOSURE OF LOBBYING ACTIVITIES ORNI TO DISCLOSE LOBBYING ACTIVITIES PURSUANT 1. Type of Federal Action: ® a. contract b. grant C. cooperative agreement d. loan e. loan guarantee f, loan insurance 2. Status of Federal Action: ® a. bid/offer/application b. initial award C, post -award 4. Name and Address of Reporting Entity Prime ❑ Subawardee Tier— r U. � EL � COW Tier— z JIL-MM VENUE WNG S CH' MPongressional District, if lotown 6. Federal Department /Agency: S, Federal Action Number, if known: , if known 1.0. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 3. Report Type: a. initial b. material change For Material Change Only: year_ quarter _ date of last report _ 5. If Reporting Futity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount,ifknown: b. Individuals Performing Services ('including address if different from No. IOa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (cheek all that apply) $ ❑ actual ❑ planned 12. Form of Payment (cheek all that apply): ea. cash ` b. in -kind; specify: nature value 13. Type of Payment (check all that apply) a. retainer b. one -time fee c. commission d. contingent tee e deferred f. other, specify__ .. 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including off;eer(s), employee(s), or member(s) contacted, for Payment Indicated in Item it: (attach Continuation Sheets) if ne ssary) 15. Continuation Sheet(s) attached: Yes 0 Na 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. 'this disclosure is required pursuant to 31 U.S. C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than ,610,000 aid not more than $100,000 for each such failure. Federal Use Print Name: Telephone No.: 699-5341 __ 23A -33 Authorized for Local Reproduction Standard Form - LL.L INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous 'filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient, Identify the tier of the subawardee, c.g, the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards render grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency malting the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation fox Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified, in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services mud include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item to). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is 'a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment, 13. Check the appropriate box. Check all boxes that apply. If other, specify name. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employce(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official. shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. 8?- rrr.nnnn"tima Rv.06- 04.904Nair)) 23A -34 cc a W FQ Z 4 W A 0 z O q 0 I� rt rH+ W p d U L a I a F a i� d b w 0 o� v o H 5 � W �Uy W � V P^s O O p� q a 'b o O w w o •� �+ w O o "a .UO O N q a xW kq � o ORA re. �i 5 0 0 e a ❑ y a A 0 r+ I o o o I 0 A I I -a 4 w d d O tl 0 be g �- p A I fA 6F3 4R V} V3 69 F/j 6A d3 fA � Hi 69 bb 6] FA nl� `� 69 Ft3 (F1 (/5 G) :, V V V""�� V V V V h 4 V V V V n V V V V A ® ®u® ��`` jj``V""}} u0 ® ED EE EJ Dl 11❑❑ ❑❑M r-°, p V � _ c ca al's- �'*�• .�.,, U� N a � �' tl b •�i � � d "�tl �' ORA re. �i 5 0 0 e a ❑ y 1 1 u ti G F O N Cy. R O n A z ® w o b U .M ® N U o `fin Vi .. H � TG H y wqq° H � G w° � Ca ti q '� Ez o A � ro uA O < ,k .�' 's t a r ''FP . "t F if "'r`'i E, "E{� f m u2'5 =vF"4 ��.� lP.=,t �i I�� r�l� ��4 '�c�ru'♦ 1,� '�" 1�e�� E'L ®k �1y4��.1 E."�I n — �I�. ! A{ c r i _ F: w s L ti w a a 0 a ti b o N H rop � QI q h :G9 A b d �tieYi U �e U {�y O m d 1.1 d I+a w N 1"1 y� F W Q b U G � 0 o N Z.1 o g r%] 4:7ryv Qca � a C � N � o W G aq O N A p ro M bC� O C� O 0 a °N H 0.r q 23A -38 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO, 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) This CONSTRUCTION CONTRACT is made and entered into this 17th day of May, 2016, 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 referred to as "CITY" and Excel Paving Company, hereinafter referred to as "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 3d Street Traffic Calming 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 • Project Plans • Required Contract Provisions Federal -Aid Construction Contracts (Form FHWA 1273) • Davis -Bacon Act and Wages • 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. 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 $239,480.00, 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. 23i�f -�9 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) 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. 5. 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. 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 furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. . 7. 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For project above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. . 8. CONTRACTOR shall, after award of this Contract, firrnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // H 2 of 3 23A -40 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO, 15 -6606: 3RD STREET TRAFFIC CALMING (FAID# U58DP005861) IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR, Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Cit4ief Attorney B andoval Assis tant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Excel Paving Company By: Title: 23'A 2 41 City project No. 15-6606 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III, Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII, False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FHWA -1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its Inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA -1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA -1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design - builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA -1273 in bid proposal or request for proposal documents, however, the Form FHWA -1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FAID #U58D005861 FHWA -1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension I debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625 -1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60 -4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625 -1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 23Ay42 City project No. 15-6606 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and /or on -the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. FAID #U58D005861 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. It. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 23A -43 City project No. 15-6606 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. It. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 6. Reasonable Accommodation for Applicants I Employees with Disabilities: The contractor must be familiar FAID #U58D005861 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT - approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on -the -job training is being required by special provision, the contractor 23A344 City project No.15 -6606 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS -BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to ail related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right -of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions FAID #U58D005861 of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.1b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 234► -45 City project No.15 -6606 will notify the contracting officer within the 30 -day period that additional time Is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(13) of the Davis- FAID #U58D005861 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(h, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http:// www. dol. gov /esa /whd /formslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(11) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 23A�46 City project No. 15-6606 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly FAID #U58D005861 rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 23A -47 City project No.15 -6606 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs, The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein Incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1), b. No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. FAID #U58D005861 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used In this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 23A =48 City project No. 15-6606 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization' refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -to -day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all -other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self - performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v I s I o n I s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s I o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA -1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 23A► -49 City project No. 15-6606 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid /proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this FAID #U58D005861 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," " ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgranlee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant 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," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https: / /www.epls.00v /), which is compiled by the General Services Administration. 23Ag-50 City project No. 15-6606 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) 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 department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which FAID #U58D005861 this transaction originated may pursue available remedies, including suspension and /or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos: / /www.enls qoy /), which is compiled by the General Services Administration. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e 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 23Ae -51 City project No. 15-6606 FAID #U58D005861 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion.-Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. 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 Federal 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. 2. 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 31 U.S.C. 1352. 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. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 23A,52 Local Assistance Procedures Manual EXHIBIT 16 -B Subcontracting Request STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION FRONT SUBCONTRACTING REQUEST DC -CEM -1201 (REV. 4/94) (OLD HC -45) CT# 7541- 3514 -7 See Instructions On Back REQUEST NUMBER CONTRACTOR NAME COUNTY ROUTE BUSINESS ADDRESS CONTRACT NO. CITY /STATE ZIP CODE FEDERAL AID PROJECT NO. (From Special Provisions) SUBCONTRACTOR (Name, Business Address, Phone) BID ITEM NUMBER(S) % BID ITEM SUBBED CRECKIF: (See Categories Below) (1) (2) (3) DESCRIBE WORK WHEN LESS THAN 100% OF WORK IS SUBBED $AMOUNT BASED ON BID$AMOUNT Categories: 1) Specialty 2) Listed Under Fair Practices Act 3) Certified DBE /MBE /WBE /DVBE I Certify That: • The Standard Provisions for labor set forth in the contract apply to the subcontracted work. • If applicable, (Federal Aid Projects only) Section 14 (Federal Requirements) of the Special Provisions have been inserted in the subcontracts and shall be incorporated in any lower -tier subcontract. Written contracts have been executed for the above noted subcontracted work. uarr; NOTE: This section is to be completed by the Resident Engineer 1. Total of bid items .................................................................................................................. ............................... $ 2. Specialty items (previously requested) .................................. ............................... $ 3. Specialty items (this request) ................................................ ............................... $ 4. Total (lines 2+ 3) .................................................................... ............................... $ 5. Contractor must perform with own forces (lines 1 minus 4) x % ........... ............................... I$ 6. Bid items previously subcontracted ................................ .. ...... ............................. $ 7. Bid items subcontracted ( this request) ................................. ..4............................ $ 8. Total (lines 6+ 7) .................................................................... ............................... $ 9. Balance of work Contractor to perform (lines I minus 8) ..... ..........4.................... $ $ ' APPROVED ENGENEER'S SIGNATURE �crv�- rwi(te, -9n nnv.+o'p WFY UlsimUUllUN: 1. ungmal- Contractor 2. copy -local agency Resebot Engineer 3. Copy - local agency Labor Compliance Officer 4. Contractor's lnrornlatlon Copy Page 16 -51 23A -53 February 1, 1998 EXHIBIT 16 -B Local Assistance Procedures Manual Subcontracting Request Back INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First -tier subcontractors must be included on a subcontracting request. Submit in accordance with Section 8 -1.01 of the Caltrans Standard Specifications. Type or print requested information. Information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the % of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of Form CEM -1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE /MBE /WBE/DVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified DBE /MBE /WBE /DVBEs. NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to complete and submit the Certificate of Insurance (State Form DH -OS -AI OA) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the specified insurance has been approved. Page 16 -52 October 5, 2012 23A -54 LPP 12 -02 COST ANALYSIS PROJECT NO. 15 -6606: 3RD STREET TRAFFIC CALMING PROJECT Construction Contract $ 239,480.00 Contract Administration $ 17,715.00 Inspection and Testing $ 18,207.00 Survey $ 0.00 Contingencies $ 23,948.00 TOTAL ESTIMATED CONSTRUCTION COSTS $299,350.00 EXHIBIT 4 23A -55 23A -56 1 III M11111111111111 0 1011 A • ►_ CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AWARD CONTRACT TO KANA PIPELINE, INC. FOR WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS (PROJECT 16 -6461) {STRATEGIC PLAN NO. 6, 1C} CITY MARTMR ' x!_11 11 ..:: 1, ! ■ CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Kane Pipeline, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $3,457,000, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Warner Industrial Community Water and sewer Improvements Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $4,494,100, which includes the contract base amount, administration, inspection, testing, and a $516,550 contingency. DISCUSSION The existing 6 -inch diameter cast iron water main located within the Warner Industrial Community (Exhibit 1) was installed in the 1950's and has begun to experience a number of significant breaks and leaks. Staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, size, location, and system redundancy to determine the replacement priorities, Based on an analysis of these factors, both the water main and sewer within this Industrial community have been identified for replacement, The Improvements Include the construction of a new 6" P,V.C, water main, fire hydrants, water services and appurtenances. Additionally, the sewer main system Is undersized and will be replaced with a new 10" vitrified clay pipe (VCP). Once this project is completed, water service quality and reliability will Improve significantly. The water main breaks and the possibility of a loss of service will be substantially reduced. In addition, the upgraded sewer main system will provide larger flow capacity to prevent overflow issues. 23B -1 Contract Award to Kane Pipeline, Inc. for Warner Industrial Community Water and Sewer Improvements May 17, 2016 Page 2 A Notice Inviting Bids was advertised on March 28 and April 4, 2016, and bids were opened on April 19, 2016. The following is a summary of the bid Invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors re guesting bidding documents 37 Bids received 12 Bids received from Santa Ana contractors 0 RANK BIDDER'S NAME LOCATION BASE BID 1 Kane Pipeline, Inc. Placentia $314571000,00 2 Mike Prllch and Sons Inc. Baldwin Park $3,475,095.00 3 Sully-Miller Contracting Company Brea -$31a371851.00 4 Dominguez General Engineering Inc. Pomona $3 645 080.00 5 6 Gwinco Construction & En ineerin Inc. _ Ramona Inc. Ontario Arcadia $31760,073.00 -$3,803,860.00 7 Colich & Son L.P. Gardena $3,951,785.00 8 TBU Inc. — Beaumont $4,048,655.00 9 Excel Paving Companv Long Beach $4,104,865.00 10 MNR Construction, Inc. Baldwin Park $4,144,215.00 11 Blois Construction, Inc. Oxnard $4,416,772 12 Lonerock, Inc. Irvine $4,988,965.00 _A A total of twelve bids were received and all twelve were considered responsive. Kane Pipeline, Inc., submitted the lowest responsive bid in the amount of $3,457,000, which Is significantly lower than the Engineer's Estimate of $5,100,000. Based on a staff analysis of the bids received (Exhibit 2), staff recommends award of a construction contract to Kane Pipeline, Inc. (Exhibit 3). STRATEGIC PLAN A . I� GNMENT Approval of this item supports the City's efforts to meet Goal 06 Community Facilities & Infrastructure, Objective 01 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources to extend the service life of existing Infrastructure to protect the City's investment and support a high quality of life standard), 23B -2 Contract Award to Kana Pipeline, Inc. for Warner Industrial Community Water and Sewer Improvements May 17, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER #2016 -25 will be filed for this project. In addition, a Certification of Categorical Exemption and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $4,494,100, which includes construction, contract administration, inspection, testing, surveying, and contingencies. Funding is available in the Water Capital Project Fund (Account No. 06617647 - 66301) and Sewer Connection Projects Fund (Account No. 05517660- 66220). FISCAL YEAR ACCOUNT NO. Amount 2016 -17 06617647 -66301 $2,651,365 2016 -17 05517660 -66220 $1,842,715 TOTAL: $4,494,100 U re Mou avi ' ur Executive irector Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B -3 23B -4 SANTA ANA City Council ■ - ���j ■ Agenda gate Nwl.r AWI May ... 2016 EXHIBIT 1 23B -5 PWEW CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS RID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 sums) set forth in the following schedule: WATER MAIN IMPROVEMENTS Item Bid Item Unit City Unit Price Amount 1.* Mobilization —Water L5 1 $ 7 $) Main Improvements_ 2 8" DR14 AWWA C900 LF 9,120 $ )o > p $9>76co'7 P.V.C. Water Main - - -i- Construct 1" Water 00 o 3. Service and Connect to EA 35 Existing Meter Construct 2" Water 0 4. Service and Connect to EA 60 Existing Meter Construct 3" Water' 20 00 5- Service and Connect to EA 2 $ 5,760 $ t, � Existing Meter 6. 8" Resilient Wedge Gate EA 11 q "— Valve Fire Hydrant Assembly 7. (includes gate valve and EA 18 $ _ lateral pipe) Construct 6" Fire Service as ck 8. and Connect to Existing EA 30 Piping Construct 8" Fire Service 00 00 9. and Connect to Existing EA 9 $ { -- __ �— Piping P -1 OF P -17 23B -7 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS P -2 OF P -17 r Furnish and Install Traffic �,>o ' 10. Rated Meter Box and EA 81 $ _ Cover 11 Construct Water Pipe EA 11 $ 'L?�zv $S ClE+t� ` Casing CCTV Inspection of 12. Existing Sewer Main (to> LI= 2,800 $ } $ be left in place) Adjacent to New Water Main CCTV Inspection of 13' Existing Sewer Laterals (to EA 34 $ 'ZI $ be left in place) Adjacent to New Water Main 14. Replace Damaged Traffic _ EA 2 Loop Detectors 15. Signing and Striping LS 1 $0 $ gyp `'° 16.— Traffic Control LS 1 $ a+ � '' $ 5, �5 17. As -Built LS 1 $17,500 $17,500 18 Prepare SWPPP LS 1 $ Q $,0 °c' 1g ** Combination Air Valves EA 10 $? +� Ile $ (As Needed) 20. ** Vertical Offset (As EA 10 $ 8J; 00 _ Needed) 21. ** _ ___ Imported Backfill Material pNeeded) CY 200 $ �� i} (As 22. ** Potholing (As Needed) EA 10 $ t5goe P -2 OF P -17 r CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS SEWER MAIN IMPROVEMENTS Item Bid Item Unit qty Unit Price Amount 23.* Mobilization —Sewer LS 1 $ T� $ 77`1, i Main Improvements 24 Construct 15" VCP Sewer LF 465 $ Main 25. Construct 12" PVC Sewer LF _ 545 $ $ 70 Main 2& _ Construct 10" PVC Sewer _ LF 3,285 _ _ F Main _ 27. Conti Construct 8" PVC Sewer LF 1,020 $ 2 "° $ J4" 640 Main 28 Construct HDPE, Double LS 1 $ � �� $ 55,0a> -C Barrel, Sewer Siphon 29 _ Construct 42" RCP Storm LS Drain 30 Construct 6" Laterals and EA 61 L Cleanouts 31. Construct 48" Concrete EA 24 $� °~ 5 _ 0 0 Manhole 32. Bypass Pumping Existing LS 1 0-) $ (% ®r }y 00 $ Sewer Flow 33. CCTV Inspection of New LF 5,315 $ Sewer Main 34 CCTV Inspection of New EA 61 $? $ Sewer Lateral _ Construct Sewer Flow (90 00 35. Level Monitoring and EA 2 $;3Ck7 $r�� "� Alarming Device _ 36 _ Replace Damaged Traffic EA 2 $ (25' $� 3 Loop Detectors _ 37. Signing and Striping L5 1 _ $ 566 38. Traffic Control LS 1 $2t7 39. As -Built LS 1 $17,500 $17,500 40. PrepareSWPPP LS 1 YO $ �.a�yan`° $_ :� ooca^ P -3 OF P -17 23B -9 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS 41. ** Imported Backfill Material (As Needed) CY 200 $'° $�} 42 ** Additional Potholing (As EA 10 $J` �— Needed) _/! TOTAL BID $ �I 71 000 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). Each mobilization item is limited to a maximum of 2.5% of the Total Bid. ** The quantity for this bid item 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 be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES jBidder signature must be shown on same page as total bid amount shown on table) The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred seventy -five (17 5) working days after the commencement date stated in the Notice to Proceed. 25 –Working days for exploratory potholing and data gathering 150–Working days for project construction The bidder also proposes to commence construction of the Work within thirty (30) days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $2,000 per calendar day. Name of Firm Signature of BID[ Title `– 'f_`ocl) G1 4 ( (if an individual, so state) P -4 OF P -17 23B -10 CITY OF SANTA ANA PROPOSAL PROJECT N0, 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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. Name of Firm Signature of BIC Title i t4- v -(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.) cif' 1'44'C10} ! P -5 OF P -17 23B -11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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: Kwi. , Business Address: t�-. MIC C L zip la twF- 1UT- Pt t PT0S -, (,A. Utz ip Business E -Mail br-, tF0 K- j,7rave 6o --1 Address: t` l V->A UI.-P �i--il-+..l= %2L:', - CC) b"1 Telephone: 01to el'�)t - �± State Contractor's License No. and Class: 4 (S l 4 �_7 A License Expiration Date: - -'1 State Dept. of Industrial Relations (DIR) Registration No.: i Q C>CJ 0 Q 2--Z--t> State Dept. of Industrial Relations (DIR) Registration Expiration Date: ja to 2la Signed: N\ 1 1.-0Gv- Title: PV.GSw'>- or- P -6 OF P -17 23B -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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. Name of Firm Signature of BIE Title 1 sjW� (if an individual, so state) P -7 OF P- t 7 23B -13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE Or- CALIFORNIA ) COUNTY OF ORANGE ISS: CITY OF SANTA ANA j being duly sworn, deposes and says: INDIVIDUAL That he /she is the party making the foregoing proposal: El PARTNERSHIP That he/ she is a member of the co-partnership 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 he is of: a corporation which is making the foregoing proposal: JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint 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 contract, for himself or any qt er person. Signature of Bidder Subscribed and sworn to before me this I r( day of 20 '���'7�r: � =,tee;: v;rc3�,c:�1•. Signature of officer Administering Oath (Notary Public) P -8 OF P -17 x o'R64Uiti:GlEFtt 23B -14 California All - Purpose Acknowledgement State of California County of Orange On 41 A (2Gl (, before me,_ Ferns Salvador- Tabadero Notary Public Date Name & Title ot'6lticer personally appeared _ I t4 V I.E; L i_ Ocie a' Name(s) 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/he"r /thy "r authorized capacity(iios), and that by his /her /their sigmatUres(•3) on the instrument the person(sy, 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 trite & correct. WITNESS �myhand & official seal. ���VW"t��1t� -- Sign at , re of Mo tary VubI is OptiDna— information' Description of Attached Document: RERNESSALYA@OATARAOERO CDMM. #2088708 = rc Notary Publio • Calitania �° Z Orange County Comm. Ex fires Ma 30, 2DiS Notary Sea[ Title or Type of Document: G'C' 1"E1 F V -( l�)AC V \T CDT:ro RAT ( 6( Document Date: _ Number of Pages: Sfgner(s) Other Than Named Above: Other information: CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: %% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIRj. BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name MOF-/ b i Name License # /Exp, �36(?) Lt b- License # /Exp. Dill Reg. # /Exp. D. D. pL,j..c$2rx 4 ",,1 t DIR Reg. # /Exp. Locationa7 Location Phone 76;�5- Phone Type Of Works (nyanJ ltir� Type Of Work Amount $ 5� `< '�, (-) � j Amount $ Name I,)Is100 L G�Nk oS, License 4/Exp. ?)5 5;025 i )' "7' -2o k 1 Dill Reg.# /Exp• �f7CO32'7J °'?�t4 Name License # /Exp. bIR Reg. # /Exp. License # License # Location j�?rac� V- c. o� Location Phone 00 Phone _ Type Of Work G f jyl tMW —Se 512Type Of Work Amount $ Amount $ Name O71 �—b IPQ License # /Exp. Dill Reg. # /Exp. License # _ Location Phone «76:L Type Of WorkjhFh� Amount $ PA1W L L- 4c o !�..... Signature of Bidder Name License # /Exp. DIR Reg. # /Exp. License # _ Location _ Phone _ Type Of Work Amount $ 11-10 OF P -17 23B -16 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed water and sewer pipeline work within the past three years. 1. 1EyI G�. i ` ' 17x 11A GGi t2.'ios- Name and Address of Owner. UG, r tt�sc 1'(C lt�))`i 2 S— 4ci7 Name and Telephone Number ofperson familiar with ro'ect. t o 14-v, 'Z J Y121 { i3 i `)° r� r � ` ._ 2 Joao, � t c> Contract Amount Type of Work Date Completed GtT°t cad -)-h v-v3 t r Cwt 2. �Ca _g�. (,A— Name and Address of owner. Name and Telephone Number of person fasili r wi rojV . Contract Amount Type of Work Date dompleted L.L1P t„v 1AT-1 17k't ,S TL1' 3. t 1 V�! , mroyP T t Ps Y Uill-i'i'D Name and Address of owner. _ mart b-x-i) 9 A-6 -7S ) y�Name and Telephone Number of person familiar with project. 40 ki 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, S 7-1-7 SOO 'Ft Wi t--- .<�u t%. 1x�>�� -4- e, I, 6 S , C --A , 6� n c-:� t I F'n f2-k?) ? 1 Q - 0-71 P -11 OF P -1.7 23B -17 CITY OF SANTA ANA PROPOSAL PROJECT NO, 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. 1 /7 Signed State of California County of 0"MV76b- Subscribed and sworn to (or affirmed) before me on this M1 day of f L 20A, by j7d tJ \fit 1 f3C.K €3 proved to me on the basis of satisfactory evidence to be the perso*j'who appeared before me NERNES SALVADOR TABADERO COMM, #2066708 z Notary Public • California a = Orange County ��irM1 Comm. Ee ires May 30 2018 Notry Public Signature Notary Public Seal P -12 OF P -17 23B -18 CITY OF SANTA ANA PROPOSAL PROJECT NO, 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 P -13 OF P -17 23B -19 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 Chapter. Signed: DlsF- Flr- WC*Z -5� , Title: FC-C-NI9C- -t -`1'"' Firm: Y-- &l ->N 1 4i'C 4z�1 t11C Date: 4 �-oic> - �T P -14 OP P -17 23B -20 CITY OF SANTA ANA PROPOSAL PROJECT NO, 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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: 1. 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 �o the California Apprenticeship Council. Signed:�4} Title:' Firm: KEN- i,&. I\ }i(. - Date: ! 1 at 1 `2-01 G P -15 OF P -17 23B -21 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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 otherwise entitled, qd 9 Signed: — Title: Firm: P 1Gs.Ij1 Date: 4 P -16 OF P -17 23B -22 CITY OF SANTA ANA PROPOSAL PROJECT N0, 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER 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 If the answer is yes, explain the circumstances in the following space. P -17 Or P -17 23B -23 MAYOR Miguel A. Ptdida MAYOR PRO TU l Viconte Sanniento COUNCILMEMBERS Angelica Amemua P. David S enavddes Michele Martinoz Roman Reyna S11 Tinajero April 11, 2016 ADDENDUM ONE CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 M -36 Santa Ana, Californla 92702 (714) 6475013 w`nwa.santa- ana.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO, 16.6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS The following changes have been made to the Specifications for the subject project: CHANGES 1. New security policy to access restricted office areas: Contractors will be required to comply with the City's new security policy and fallow the attached procedures when conducting business in the City of Santa Ana City Hall and Ross Annex Buildings, Contractors will need to sign -in for the Pre -bid Meeting and Bid opening for Project 16 -6461 to receive elevator access to the 3rd floor lobby, Contractors should allow themselves additional time to register and sign -in to avoid missing important information on the pre -bid meeting and the time -stamp deadline as noted on the Notice Inviting Bids. Addendum One contains total of (3) page FOR THE CITY OF SANTA ANA `dwir?- 'Willi a m" eGa 1/-v e z P. E. City E' ngineer SANTA ANA CI I Y COUNCIL N4�unl l P =dd:: Vmc'�tl.; Saumenw hAluniip M1.lunme: Anggl,I A,.n!/,a P Da, w 62namdez Ruman aeyna SAI IinBlvm �IAyOi M1inycu Pro I am. VVnM 1 VV:I"l WaN 3 Wald 4 WtlN 5 Ward li nq: Al.11115WClLVL11tl1,cl 1,o'9 r,al wza,z re.a u3�z �a,,a. ?I- ''��.1 lb_' 1,l r4 !, 23B -24 H Carty of Santa Ana Administrative Guideline Visitor identification rind At,,ceas Control for Reatricted Office Ar%is ergs Personnel Services The purpose of this guideline is to establish uniform procedures to properly identify visitors and control access at City Mall and (toss Annex. II. P 'er r A. Identification and slgn -In process for all visitors 9. All visitors, including employee/contractor family members and delivery service drivers, must sign -In with the receptionist; be registered in the visitor log, show photo Identification, and be issued a temporary visitor pass prior to accessing the basement and floors two and above at City Mall and Rosa Annex. Exceptions a, In accordance wlfih §54963.5 and §54953.0 of the Government Code, members of the public attending legislative body meetings, such as city council, council committees, board and commission, and board of directors meetings, may not be asked to sign -in or identify themselves in order to attend such meetings:. is Temporary visitor passes are NoT required for unformed fire or law enforcement personnel. B. Visitors vvhthout photo identification or not registered in till oniino visitor ltag. , A visitor who does not have a photo identffioation card in his or her possession can be granted access by the receptionist, security personnel, or a City employee, Entry is granted based on: a: ThelodIVINUMI boingroEOgnixad; of b. The need to enter has been established by a City staff member; and o. The person registers in the visitor log. 2: A visitor not registered by staff in the online visitor log will be granted access only after: a. Identity has been verified; and b. The need to enter has been established by a City staff member; and c. TI e visitor, is adder) to the visitor log by the receptionist which would Include the following Information: Q Visitor name * Reason for visit m Staff contact person Contact person phone number 23B -25 a Facility and floor being visited If the vishor does not have anyone to verify their Identity and tho,need to enterhras not been 0@0..8ifolishod, raooess shall be denied to restrioted ofifivs area. f.) ocurrmnts which establish Identity 1. City ID badge, 2. State driver's Ilcense. ,. ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as riame, date of Wirth, sex, height, eye color, and address, n. Driver's license or ID card issued by a state outlying possession of the U3, provided it contains a photograph or Irformation such as name, data of birth, sex, Irelcght, eye color and address, 6. US, and foreign passport or consulate card, 6, Schooi iden4lflcation card, with a photograph, 7. Library card, with a photograph, 8. Voter registration card, with a photograph. 9. U,S, military card, with a ,photograph. 16, Native Arnerio�an Tribal document 23B -26 MAYOR Miguel A, Pulldo MAYOR PRO 1EM V10031te SMnr1lent0 COUNCILMEM6ERS Angallea Anazrua P. Davlcl aerlavldes MICI7sle Martlnaz Roman Reyna Sal Tinaloro April 12, 2016 ADDENDUM TWO CITY OF SANTA ANNA 20 Chia Center Plaza o P.0 Box 1986 M,30 Santa Ana, Callt'ornle ;77472 (714) Cr47 -6013 wwww.santa•ann.oi UPTPlCtAi- 6r ur:,�' 7 1l.A.L David Cavazos CITY ATTORNEY Sonia R. Carvalno CLLRK OF THE COUNCIL Marla D. Holzer SUBJECT: PROJECT NO. 16.6461: WARNER INDUSTRIAL. COMMUNITY WATER AND SEWER IMPROVEMENTS The following changes /clarifications have been made to the specifications of the subject project. 1. TABLE OF CONTENTS .M 7•,10 PUBLIC CONVENIENCE AND SAFETY 7- 10,1,2 Outreach Program & Coordination In addition to the standard notices, the contractor will be required to create and Implement an Outreach Program that consists ofthefollowing items t'hatwill be required prior to commencement of construction. m Assign or hire an Outreach Coordinator /Spokesperson and provide; Name, title, phone number, and ernall. This person should be available during and after working hours. P Provide business Coordination Logs (sample). These logs will need to Include the business name, address, person contacted, date of contact, Purpose (sample) and preferred days/timas for construction to minimize impacts. it is the contractor's responsibility to contact all businesses within the project limits, inform them of the construction activities, and determine the times for construction that will minimize impacts to access and public inconvenience, These efforts shall be coordinated with the City Engineer or his representative to minimize businesses disruptions. The Inspector will verify coordination efforts on a regular basis. SANTA ANA CITY COUNCIL N119wil A. Pdko I viawto Harlylk"ln MchelaMoNnwa Mgellao Ammeci* I P. Y)aNdidenxvlaex IRomakayon SaA'rinetoro Mayor Moyar I'm renr worn I Word 2 Word x Wor<r4 Wrvrd A Werda ^14'11 IhMliAA- 413.4!a I ervlr -lave i in.u.e I ala- BID £ nutvasn 2M21 MAYOR MYguel A, Pulldo MAYOR PRO 1'EM Vicente SaPT1lel1tM COUNCILNIEMeCRS Angellua Amenua P. DoMd awnakles Mlrhela Martinez Roman Payna Sal Tinalero CrTY OF SARTA ANA 7_0 Chic Center Plaza m P.C. Box 1998 M -36 Santa Aria, Californfa 92702 (71 4) 0474013 u6w_v_ N•ana.Mrk UI I Y MAIN At K Divld Cavazos CITY ATTORNEY SM118 R. Calvalha Ut RK OF THE COUNCII. Maria D. Hulzar The Contractor prior to commencement of work will need to provide all items listed above for approval from the City Engineer or his representative. It is the contractor's responsibility to submit all paperwork and documentation in a timely manner to receive authority to proceed with construction. Payment for the outreach program shall be included in other Items of work no additional compensation will be allowed. SPECIAL PROVISIONS Page 31; Section 6.01, 2nd Paragraph Contractor shall excavate open trench 100 feet ahead of the pipe laying operations to allow for any adjustments In grade necessary to resolve unforeseen utility conflicts. REPLACE with; Contractor shall excavate open trench 15U feet ahead of the pipe laying operations to allow for any adjustments in grade necessary to resolve unforeseen utility conflicts. 3. SPECIAL PROVISIONS Page 3.1; Section 7.02, 2n6 Paragraph Contractor shall excavate open trench 100 feet ahead of the pipe laying operations to allow for any adjustments in grade necessary to resolve unforeseen utility conflicts. REPLACE with: Contractor shall excavate open trench 150 feet ahead of the pipe laying operations to allow for any adjustments in grade necessary to resolve unforeseen utility conflicts. 4. SIC? PROPOSAL Page P -4 of P -17; Time for Completion of Improvements and Liquidated Damages The bidder also proposes to commence construction of the Work within thirty (30) days after the Issuance of a Notice to Proceed, and to continue in a diligent and workman -like mariner without interruption, and to complete the construction thereof within the time specified above. SANTA AIVA ( I PY COU NCI. MnalalA Pladn Meanlo 9armama i Where MaAwv. AngoWMnesava P. Mavld, Blolividnw Roman ROY,16 gal 71118101. Map, 1 Mryru I'm Tan W`nA 1 We, d2 1. VMOO Wad4 wnrd3 MW 9A U n, Q9W A.vlZ&A.Ae11�1'Y. l MOM Poo-nnx my a Cym oil J1Ii00921R @_.1f„".R?tiWA aAYIlh@MIW- .4n(t® 11L.LIp1,4VP?L[tle.a'.W 01 MAYOR Miguel A. Pulldo MAYOR PROTEM Vicente sonviiento COUNCII.M°.MBERS Angollca Amezoua P. David Henavides Ivilchele Marthtez. Roman Rayna sal'rinajaro REPLACE with; 11'Y OF SANTA MA NA 20 Civic Canter Plaza • P O, Box 1 H8 IN -s® Santa Ana, Gallforrda e2702 04I'r•5010 wWW.59 r1 aa a,ol:tl CI I Y MANAULH David Cavazos CITY ATTORNEY Sonla R. Carvalho CLERK Or THE COUNCIL Marla D. HOzalr The bidder also proposes to commence construction of the Work within ten 10 da s after the Issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above, 5. SPECIFICATIONS Page 36, 38, and 40; Sewer Bypass The sewer bypass and pumping plans shall be conforming to section 7 -842 of the Standard Specifications, These shell be submitted for approval by the City Engineer prior to commencement of work. REPLACE with: The sewer bypass and pumping plans shall be conforming to section 7 -8,6,2 of the. Standard Specifications. These plans shall be submitted for approval by the City Engineer prior to commencement of work. 6. PRE -BID MANDATORY MEETING Attendance Sheet In the attachment you will find the list of potential bidders for Project '16-Ml; Warner Industrial Community Water and Sewer Improvements. All proposed bids from non attendees will be rejected. SANTA ANA CITY COUNCIL Mleuel A. PAdo Vicente %rmlmnlo Wilda mmlinaz i Arlynlal 14nlnxCAtl 1 a. sevid 13anElddu'; I Roman IReyna i 'U i'Irtnjera Ma /a' Mayor Pro Tern Waal 'I Wal'12 Wpna Wadl M"II5 Ward0 1- Yull141SaL'u �.?ae�iente(?. sw�, aAassn mRRas_tad>_,.leo ya,�lu ¢.arj ue�/J� tlllsnoRlAssW.rno(aarunr!! I IaernldP��nxu"Jwu.�lu .IVaNeroA*ss.+¢s:�^14nAk 1 MAYOR MIguol A. l lklo (MAYOR PRO -1 EM Viclento S2rm ionko COUNCII.MEMDERS Angalica ArnaZOUa P , David sonavidea MlgPaale Martinaz Rorrmn Reyna Sal "1'lnaj:ro All other items remain CITY OF SANTA ANA 20 clvic Center Plaza a P.C. Box 1988 M-38 Santa Ana, California 92702 (714) 647 -5013 wv wsan a 3rla,o� This Addendum contains total of five (5) pages FCR THE CITY OF SANTA ANA l° Edwin "William" alvez, P.E. City Engineer Ul I Y MANAGER David C,.avazoo CITY ATiORNI:.Y Sonia R. Carvaiho CLERK On 'NE COUNCIL Marla 0, Hulzar SAN IA ANA CI1Y COUNCIL MiguelA PUlirlo V,=(Q Sarcnlllnlu i ROOM MIU9now i Angrdlca AAwxcua P. U3vld B.I,Rodua r lYlnRflyln Sol Tloallaro !la /' Mal'4tt l' IM I q0l WOi d l Waitl ll ''Paw:i Vfiud -h Wards Wad fi mellLlm E,j.LLa mr,"Stlhmp n..ulu:A1l&,1A omm9 k.L00.11].Li:i116ml uavnu a MSB_eIIu I adt' R..P11"' Nana 23B-31 {I T70 l`�`�I If1��1J1"1' h� c rl ? a lZ IA 15 CL 23B-31 Pipeline, Inc. LIST OF COMPLETED PUBLIC WORKS PROJECTS Project Name: Kana Project # 6821 - Eastside Water Facility PH2 790 Zone Pipeline Location: Merrill Avenue & Bon View Ave., Chino Description: 9,160' of 24" PVC C905 Waterline, Traffic Control, Permanent PAving Owner: Watson Land Company Project Manager: Chris Trujillo / Cell #310 - 729 -4623, 310 - 952 -6432 Contract Amount: $ 2,838,260.00 Start Date: 9/25/2015 Date Of Completion: 5/25/2015 Kana Pipeline Public Works Resume [Confidential] /Page 1 of 25 as of 1/2015. 23B -32 BAs_. „e Protect Name: Kana Project# 5172 — Airport Industrial Storm Drain Extension Replacement. Location: Van Buren and Morris, adjacent Riverside Airport Description: 242 LP of 60" RCP installed within 84" steel casing for boring underneath adjacent railroad, 36" Storm Drain Inlet, Junction Structure Total Man- hours: 586 Owner: City of Riverside, Purchasing Division 3900 Main Street, Riverside, CA 92522 Protect Manager: Mike Wolffe; cell (951) 901 -5440 email: MWoIffkriversideca.eov ; office (951) 826 -5990 Contract Amount: $ 306,500.00 Start Date: 10/18/2011 Date Of Completion: 11/30/2011 Kana Pipeline Public Works Resume [Confidential] /Page 2 of 25 as of 1/2015. 23B -33 Project Name: Kana Project # 4812 - OCTA Tustin Metrolink Parking Structure Location: Tustin, CA (2975 Edinger Ave./ TG 860 D -1) Description: Night work to relocate sewer and storm drainage pipeline work so as not to disturb adjacent businesses, as well as water and f "ireline systems to make way for a new parking structure for the Orange Co mty Transit Authority. Highlights: Pipeline work generally consisted of relocating sewer, and storm drainage pipeline systems, in addition to a new water and fireline system in order to build a new parking structure adjacent to existing set of office buildings for OCTA. Specifically, 4" -24" storm drain pipelines with catch basins, storm drain manholes, junction structure and a storm water filter vault; Sewer pipes ranging from 4" to 8" with corresponding manholes, cleanouts and a sewer bypass; Water pipelines between 2 " -8" with related valves, hydrants, backflows, detector check, fire department connection (FDC) and infrastructures. Total Man- hours: 2,806 Owner: City of Tustin, 200 Centennial Way, Tustin, CA 92780 Project Manager: Scott Lesard, Sr. PM, Bomel Construction (714) 921 -1660 Contract Amount: $ 531,996.00 Start (Date: 11/02/10 Date Of Completion: 10/6/2011 Kana Pipeline Public Works Resume [Confidential] /Page 3 of 25 as of 1/2015. 23B -34 Proiect Name: Kana Project# 4301 - Crescent Drive Underground Garage — Beverly Hills Location: 455 N. Crescent Drive, Santa Monica Boulevard Description: 1,400' of 18" VCP Sewer Main, 1,000' of 8" DIP Water main. Additional detail: Kana installed sewer and water pipeline systems in busy streets to sustain a future underground parking garage located next to Beverly Hills City Hall, This project consisted of abandoning and removing existing sewer manholes, constricting 8ea. 48" sewer manholes, saw cutting and zipping trench lines, installing a 18" VCP clay pipe sewer main in the street right of way, rerouting sewer pipelines, sewer video, base paving, capping, slurry sealing streets, restriping and traffic loops; approximately 1,000 LF 8" and 6" ductile iron (DIP CL 52) water pipeline main and lateral pipe, respectively, for post office, fire hydrants , removed and replaced sidewalk; Kana's Subsurface Utility Engineering Department conducted approximately 70 potholes to verify location of existing utilities, and necessary traffic control to maintain driver, pedestrian and construction work zone safety. Total Man - hours: 5,201 Owner: City of Beverly Hills Proiect Manaeer: Jason Lin (562) 903 -2277 Contract Amount: $ 1,213,564.00 Start Date: 11/02/2009 Date Of Completion: 07/01/2010 ]Cana Pipeline Public Works Resume [Confidential] /Page 4 of 25 as of 1/2015, 23B -35 ._. Pipeline, Project Name: Kana Project 4 4670 - Lampson Avenue Well Phase 2 — Offsite Water & Sewer Location: Lampson Avenue. Description: 1,300 of 8" Sewer Main & 3,500 of 16" Ductile Iron Water Main, 160' of 12' DIP water main. Total Man - hours: 3,805 Actual / 100 Initial Contract Working Days/ 176 Actual Working Days Owner: City of Seal Beach 211.8`'Street Seal Beach, CA 90740 Project Engineer: Contract Amount:_ Start Date: Date Of Completion: David Spitz 562- 431 -2527 x1331 $ 2,018,673.00 06/16/2010 10/08/2010 Kana Pipeline Public Works Resume [Confidential] /Page 5 of 25 as of 1/2015. 23B -36 Proiect Name: Kana Project # 4824 -Domestic Waterline Improvements E -13 & E -14 Location: San Juan Capistrano (the oldest city in Orange Countyl) Description: 2,600' of 12" PVC C900 Water line, 12 ", 10" and 8" Line Stops, gate valve replacements, 14 fire hydrant replacements, air release assemblies, blow off assemblies, utility overcrossing, Jack & Bore; all related testing and disinfection, AC Removal and replacement. Total Man - hours: 2,929 Owner: City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, CA 92675 Proiect Engineer: Joe Mankawich (949) 487 -4313 Direct./ (949) 443 -6348 Main Public Works Line ( "Naomi" x 6337) imankawich9sanjuancapistrano .org Contract Amount: $664,950.00 Start Date: 10/4/2010 Date Of Completions 02/21/2011 Kana Pipeline Public Works Resume [Confidential] /Page 6 of 25 as of 1/2015. 23B -37 AMMW i li�'Kana Pipeline, Inc. Project Name: Kana Project # 4666 - Long, Beach & Imperial Highway Sewer .Main Replacement Location: Long Beach Boulevard & Imperial Highway Description: 84" MH LACSD Type "E ", 440' of 8" VCP, connect to existing 54" Truck sewer, Total Man - hours: 1,800 Owner: City of Lynwood Proieet Enpineer: Ken Putnam (818) 808 -5442 kputnamoQinfeng.co Contract Amount: $349,000.00 Start Date: 06/01/2010 Date Of Completion: 01/13/2011 I {ana Pipeline Public Works Resume [Confidential] /Page 7 of 25 as of 1/2015. 23B -38 Location: City of Ontario, 700 W. Rosewood Ct. Description: 7,500' of 8" Recycled & domestic water line, 30OLF of 8 "CML &C Steel Pipe, gate valves, blow off assemblies, hot taps to existing 42" slid 36" pipeline, fire hydrant assemblies (4), 1" water services (38ea.), asphalt concrete pavement for trench, rubber polymer modified slurry, removal, salvaging and abandonment, traffic striping and markings, adjustment of water valves cover to grade, all testing sheeting, striping, shoring, bracing, traffic control, SWPPP and BMP's, and related work to perform this, and all- related projects safely, 'Dotal flan - hours: 4,839 Owner: City of Ontario 1425 South Bon View Avenue Ontario, CA 91761 Project EnL=ineer: Peter Tran, P.E. (909) 395 -2677 / ptran(g ci.ontario.ca.us Contract Amount: $931,000.00 Start Date: 05124/2010 Date Of Completion: 10/14/2010 Kana Pipeline Public Works Resume [Confidential] /Page 8 of 25 as of 1/2015. 23B -39 YM Project Name: ICana Project# 5060 — Eastside and Main Street Water Distribution Replacement. Location: Main Street & Stoddard Ave Description: 12,300 LF of 8" Ductile Iron Pipeline, fire hydrants, installed over 500 combined domestic water, reclaimed, and (reline services (1 ", 2" & 4" domestic and 4" & 6" fire services), Total Man - hours: 10,837 / 208 Approx Working days. / 200 Original Contract Time in Days. Owner: City of Riverside, Purchasing Division 3900 Main Street, Riverside, CA 92522 Project Manager: Leonardo Ferrando (951) 826 -5694 / lferrando(2riversideca.gov Contract Amount: $ 1,687,570.50 Revised Start Date: 3/4/2011 Date Of Completion: 12 /28/2011 Kana Pipeline Public Works Resume [Confidential] /Page 9 of 25 as of 1/2015. 23B -40 Project Name: ICana Project# 5162 — Sewer Replacement and Road Reconstruction Location: Chapman Ave., Fullerton, CA Description: Removing and replacing old sewer pipeline mainlines with new sewer main for the City of Fullerton, along Chapman Ave and nearby side streets amidst residential neiehborhood. Installed approximately 4,000 LF of 8" VCP Sewer Main installation; 150 LF of 8" Ductile Iron Sewer Main, sewer manholes, lateral reconnections, removed existing VCP sewer main pipeline, manholes, and sewer cleanouts; installed an Access Ramp per APWA and access ramp retrofit; installed now sidewalk, curb a gutter and cross gutters, alley returns, aggregate base, asphalt concrete, adjusted sewer manholes and water valves to grade; installed street light conduit; carried out Water Pollution Control, Traffic Control, Clear and Grub, Sheeting, Shoring and Bracing. Note, This was a 100% import and 100% export material soil project. Total Man- hours: 5,733 Owner: City of Fullerton, 303 W. Commonwealth Ave., Rm # 207, Fullerton, CA 92832 Proiect Manager: Eric Villagracia, (714) 738 -6853 Contract Amount: $1,415,119.45 Start Date: 5/23/2011 Date Of Completion: 9/15/2011 Kana Pipeline Public Works Resume [Confidential] /Page 10 0£25 as of 1/2015, 23B -41 Project Name: Kana Project # 5215 — Plumosa Drive Waterline Location: 4444 Plumosa Dr. (X Lemon Blvd.) Description: Water Pipeline Replacement Project, Phase 1, on Plumosa Drive. Installed approx 3,000 LF of 12" C -900 PVC pipe for domestic water, fire hydrants, water pipe line laterals, abandonments, relocations, slung backfill, pavement repair, and all necessary traffic control, permits, BMP's and NPDBS compliances. Total Man - hours: 3,693 Owner: Yorba Linda Water District (YLWD) Project Manager: Joe Polimino, Construction Supervisor (714) 701 -3104 jolimino a,ylwd.coin Contract Amount: $668,112.50 Start Date: 06/15/2011 Date Of Completion: 12/14/2011 Kana Pipeline Public Works Resume [Confidential] /Page 11 of 25 as of 1 /2015. 23B -42 A�:... At=7Kana Pipeline, Inc. Proiect Name: Kana Project 4 5212 — Concrete Street Water Pipeline Improvements Santa Ana Location: Various streets throughout Santa Ana, CA Description: Karla Pipeline installed several thousand feet of water pipeline main and related infrastructures along Concrete Street in various locations.Over 6,000 LF 8" and 12" PVC C900 water main pipeline, 1" & 2" water services, resilient wedge gate valves, a fire line main and lateral with new fire hydrant assemblies, and hot taps; traffic control and pavement markings; cold mill and asphalt pavement overlays /grind and cap. Total Man - hours: 5,792 Owner: City of Santa Ana Project Manager: Edward Torres, Project Manager of Construction (714) 647 — 5018 / etorres@santa- ana•org Contract Amount: $ 723,755.00 Start Date: 07/11/2011 Date Of Completion: 3/23/2012 Kana Pipeline Public Works Resume [Confidential] /Page 12 of 25 as of 1/2015. 23B -43 o � :i'i. Pipeline, Inc Pro iect Name: Kana Project # 4337 — Sewer Rehabilitation, Cypress, CA Location: Cypress, CA (Katella and Holder) Description: Installed approximately 8" VCP 419LF, and 12" VCP 1,332 LF pipeline installation, including street resurfacing, curb and gutter reconstruction, mobilization, traffic control, 14 house sewer lateral reconnects, removal and disposal of conflicting existing sewer lines, 1,751 LF, flush ex sewer and install 8" PVC Lining for 255 LF, Install Sancon 200 coating inside manholes, 1,000 - gallon ground water treatment for groundwater dewatering purposes. Total Man-hours: 3,506 Owner: City of Cypress, 5275 Orange St., Cypress, CA 90630 Project .Manager: Cameron Dadbeh General Manager (714)229 -6740 Contract Amount: $ 700,855.00 Start Date: 12/14/2009 Date Of Completion: 4/30/2010 Kana Pipeline Public Works Resume [Confidential] /Page 13 of 25 as of 1/2015. 23B -44 tom. Project Name: Kana Project # 5822 — Irvine Regional Park — Water Main work Location: Orange, CA (Jamboree X Santiago Cyn/ TG 800 J -2) Description: 2 Phases of work: Total: PVC 0900 CL 150 pipe —12" at 1,475LF, 10" at 9,198 LF, 8" at 7,682 LF, 8" FH Lateral 1,682 LF, 6" office at 172 LF, thrust blocks, bends, 6",8 ",10" and 12" gate valves, 29 fire hydrant assemblies, and a connection to existing FH, 7ea, 2" Air Vacuum Relief Valve Assemblies, 10" RPDA, temp connection to water main, water main abandonments, ; Also includes, mobilization and demobilization, SWPPP, Traffic Control, Stub Out to Lake, Connect existing Domestic Water, Abandon Existing Water Lines, Remove and Replace Trench Asphalt Pavement, SOC Trench Restoration, Potholing of existing Utilities, Arborist and Tree Protection, Concrete Work, Testing Total Man - hours: 7,744 total man hours; 6,651 original man-hours budgeted. Owner: County of Orange, OCCR / OC Parks 1501 E. St. Santa Ana, CA 92705 Project Manaser: Doug Giltner, Sr, PM, (714•) 425 -8937; dou . iltner occr.oc og v.eom Ref: Project No. OCCR12 -007 /Additional Reference: 3`d Part F/T Onsite Inspector = Denis A Dembik ( "DAD "), QSP, Construction Manager, Harris & Associates 34 Executive Park Suite 150, Irvine, CA (949) 655 -3900 / C (714) 318 -8706 ddembik@.harri-assoc.com Contract Amount: $ 2,392,181.90 Start Date: 7/24/12 Date Of Completion: 5/10/13 Kana Pipeline Public Works Resume [Confidential] /Page 14 of 25 as of 1/2015. 23B -45 Location: Huntington Beach, CA, CA (All between I hh 12`b, 14' 15o1i 16Th 27th 23`d, and 24d' streets, from N Pacific Ave., to Pacific Coast Highway (PCH); ref: TG 826 J7) Description: Furnish and install 907 LF 6" and 240 LF 1.2" DR -14 PVC AWWA C900, a 12" bore of steel casing under CalTrans alley approach, 1" and 2" water services and % and I" water meter assemblies with meter box; removing existing meter box; chlorination and testing of all new water main and appurtenances, Asbestos Cement (AC) pipe legal disposal; 4" blow off assemblies, remodel 4 sewer house connection laterals conflicting with proposed waterline, remove and salvage exist FH including removing buy, valve and appurtenances; conducted preconstruction survey of existing home and street as required by contract does., temp water services and blow off, 4" temp hot tap to existing 6" AC Pipeline valve; all related traffic control, Also includes mobilization, demobilization and cleanup as well as alley rehabilitation for all sites. Total Man - hours: 4,956 total hours; approx 200 working days to complete. Owner: City of Huntington Beach, 2000 Main Street, HB, CA 92648 Project Manager: Duane D. Wenthworth, CM, (714) 536 -5517; dwentworth(Asurfeity- hb,org (Lili Hemadez 714 - 374 -5386 Contract # 1412 Amount: Contract $ 1,324,306.24 Start Date: 11/13/12 Date Of Completion: 5/18/2013 �e Kana Pipeline Public Works Resume [Confidential] /Page 15 of 25 as of 1/2015. 23B -46 Pipeline, Pro ect Name: Dana Project # 6426 — Sunset Beach Water Phase 2 Location: Various Streets near the beach; near homes, Description: New Pipeline for the Sunset Beach Water Main and Pavement Replacement Construction Project CC -1429 Highlights: Bids were opened publicly in mid October of 2013 where Kana Pipeline was officially awarded the project after providing the lowest responsive and responsible bid, placing 3rd lowest behind a non- responsive bidder and another bidder who withdrew their bid. This pipeline work is part of the City's water main replacement program, where it was identified that 1,200 LF of old, existing water mains in eight different alleys throughout Sunset Beach were required to be abandoned or replaced; from Warner Avenue to Anderson Street. This project involves replacing existing 34" asbestos cement pipelines installed in the 1950's, with new 6 -inch PVC (plastic) pipelines. The project will also include reconstruction of alleys after waterline is installed. It was determined that combining both the water improvements with the street improvements would avoid a second, separate construction impact to local residents and businesses for future pavement rehabilitation, Fire hydrants will also be installed along Pacific Coast Highway which will allow better accessibility to the Fire Department, Total Man - hours: 4,956 total hours; approx 200 working days to complete. Owner: City of Huntington Beach, 2000 Main Street, HB, CA 92648 Project Mananer: Lily Hernandez, PE, (714) 374 -5386, lernandez cr,surfcit -leg, or Michael Helma, CM (562) 342 -7027, mahelma(ktransystems.com Contract Amount: Original $ 1,647,715.00 Start Date: 12/6/2013 Date Of Completion: 7/2014 Kana Pipeline Public Works Resume [Confidential] /Page 16 of 25 as of 1/2015. 23B -47 Pro iect Name: Kana Project # # 5629 - The Preserve CFD #2003 -3 Location: Chino, CA (Pine Ave. at W. Preserve Loop; TG Pg #712 F -1) Description: Scope of work includes sewer, domestic and reclaimed water and storm drain installation; utility potholing; approximately 5,000 LF of 10 ", 12" and 15" VCP clay sewer, l8ea, 10" manholes, includes a 29" jack and bore steel pipe casing underneath Pine Ave.; Domestic water scope of work includes over 5,500 LF of 12" PVC C900CL200 pipe; over I GOLF of 8" PVC C900 CL200 installation; Bea, 12" gate valves and 2ea 6" gate valves, bends, blow off assemblies, flanges and a 30" blind flange, reclaimed water installation of 3,000 LF of 8" PVCC900CL200 Purple pipe, 8" gate valves, air vac assemblies, 12 "x6 "cross, 12 "x6" reducer, fire hydrant assemblies, Over 1,200 LF of 24 ", 42" and 60" RCP storm drain pipe, catch basins, junction structures, Clear and grub, SWPPP Implementation, Traffic Control; Total Man - hours: In Progress Owner: LCD Homecoming at The Preserve, 1156 N, Mountain Ave., Upland, CA 91786 / Lucas Companies, Project Manager: Jason Miller (909) 946 -7521; jason millernlewisop.com Contract Amormt: $ 1,406,352.00 Start Date: 12/19/2011 Date Of Completion: 9/12/2013 Kana Pipeline Public Works Resume [Confidential] /Page 17 of 25 as of 1/2015. r Proiect Name: Kana Project # 6120 -- Water Main System Replacement 2012 -2013/ PO P0014 Location: Fullerton, CA, (Jobsite Located at W. Valencia Dr., between Basque Ave. and Richman Ave.); USA's on Rolling Hills Dr. at E. Rosalia Dr and Maple Ave. Description: Furnish and install 3,340 LF of 8" PVC CL150, and 2,680 LF of 12" and 2,750 of 16" water pipeline main; 4: and 8" meter connections, 8" and 12" gate valves, hot taps, fire hydrant removals and installations, I" air vac assemblies, 4" blow off assemblies, residential driveway reconstruction, curb access ramp and modified curb access ramp, cross batter /spandrel, local depression, asphalt concrete and aggregate base, adjustment to sewer manholes to grade and adjustment of water valves to grade; Includes mobilization and demobilization, NPDES compliance, clear and grub, traffic control, signing, striping and loops. Total. Man- hours: 7,534.00 man-hours Owner: City of Fullerton, CA 303 West Commonwealth Avenue Fullerton, CA 92832 Proiect Manager: Vince Oseguera, CM, (714) 738 -6851, VinceraOQa ci.fullerton.ca.us Contract Amount: $ 2,286,000.00 Start Date: 2/28/13 Date Of Completion: 10/9/2013 Kana Pipeline Public Works Resume [Confidential] /Page 18 of 25 as of 1/2015. 23B -49 Location: Garden Grove, CA (Trask Ave., / Lily Street) Description: Furnish and install approx 3,500 LF of PVC C900 CL200 in 4 ", 6 ", 8 ", and 12" sizes; install corresponding 4 -12" gate valves, connections to main, abandonments in place; 50ea. 1" water services, 4" water service, removal and installation of 7 ea. Fire hydrants, sheeting, shoring, bracing, traffic loop detectors, slurry seal over asphalt including temp stripingand all related traffic control. Total Man- hours: Budgeted Man -hours 2,430 Owner: City of Garden Grove 11222 Acacia Parkway, Garden Grove, CA 92840 Project Manager: Rebecca Li, Assoc. Engineer /PM (714) 741 -5562, rebeccalgei.garden- grove.ca.us Contract Amount: $ 825,000.00 Start Date: 5/28/13 Date Of Completion: 8/30/13 Kana Pipeline Public Works Resume [Confidential] /Page 20 of 25 as of 1/2015. 23B -50 _a Project Name: ICana Project # 6167 - Trask Ave - Lily St. Water Improvements Location: Garden Grove, CA (Trask Ave., / Lily Street) Description: Furnish and install approx 3,500 LF of PVC C900 CL200 in 4 ", 6 ", 8 ", and 12" sizes; install corresponding 4 -12" gate valves, connections to main, abandonments in place; 50ea. 1" water services, 4" water service, removal and installation of 7 ea. Fire hydrants, sheeting, shoring, bracing, traffic loop detectors, slurry seal over asphalt including temp stripingand all related traffic control. Total Man- hours: Budgeted Man-hours 2,430 Owner: City of Garden Grove 11222 Acacia Parkway, Garden Grove, CA 92840 Proiect Manager: Rebecca Li, Assoc. Engineer/PM (714) 741 -5562, rebeccala,ci. arg den- exove.ca.us Contract Amount: $ 825,000.00 Start Date: 5/28/13 Date Of Completion: 8/30/13 Kana Pipeline Public Works Resume [Confidential] /Page 20 of 25 as of 1/2015. 23B -51 Pipeline, Inc. Project Name:_ Kana Project # 5893 20" SC -4 Transmission Line Location: 28811 Ortego Hwy x Antonio, San Juan Capistrano, CA Description: Join existing 20" Steel main to 500 LF of 20" CML &C, 4' blow offs, 4" combination air vac assemblies, CPT Test Station, 96" Water Vault, 8" weld nozzle and hot tap, Total Man- hours: Budgeted Man -hours 731 Owner: RMV Community Development, LLC Project Manager: Scott Leetzow sleetzow @ranchomv.coin (951) 712 -6591 Contract Amount: $ 307,247.00 Start Date: 9/23/12 Date Of Completion: 8/26/2013 Kana Pipeline Public Works Resume [Confidential] /Page 21 of 25 as of 1/2015. 23B -52 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -6461 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS KNOW ALL PRESENT that, Kana Pipeline, Inc. as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent ofthe "Total Amount Bid Dollars ($___101/,) of Bid ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of April 20 16. BIDDER* SURETY* tttl# C- 1tN -lr) V, IA -cx> Fidelity and Deposit Company of Maryland 777 S. Figueroa St. 93900, Los Angeles, CA 90017 (213) 270 -0715 Subscribed and sworn to before me this day of See Attached Notary Acknowledgment for Surety Signature: Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -9 OF P -17 23B -53 California All - Purpose Acknowledsement State of California County of Orange On -I 4cl `zb1 before me, Herres SalvadotTabadero Notary Public Date Na ne & Title of Oftiaer personally appeared a 1) t+--i_ LL Narrt0) of SigneKs) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hiss /their authorized capacity(ies), and that by his /Her /their signatures($') on the instrument the person(s), or the entity upon behalf of which the person(45 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true & correct. WITNESS my hand & official seal. .Signature of Notary Public #ERNES SARAaBA TAB;RR'O COMM, #2666708 i tNotary Public • California Orange County Comm. Expires May 30,2018t Notary Seal O at i ona l 1 n fo� Description of Attached Document: Title or Type of Document: t') P i'-"50 V D Document Date: ,Number of Pages: Signer(s) Other Than Named Above: Other information: California All - Purpose Acknowledgement State of California County of Orange On _ A 1 `� 1170(,- before me, Hemes Salvador - Tabadero Date Name & Title or personally appeared V� X 1J ti= L L�� Name(,) or signer(&) who proved to me on the basis of satisfactory evidence to be the person(&) 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(ias), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(ls acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true & correct. WITNESS my hand & official seal, Notary ORtional Information Description of Attached Document: Title or Type of Document: o (17 e'o � 0 Document Date: Signer(s) Other Than Named Above: Other information: HERNES SAIMADOR TABA0ER0 COMM. #2066708 a Notary Public • California D Orange County Comm. Ex ires Ma 30, 2018 Number of Pages: Notary Seal Ci3t',tt°OMMIA zi UI,�tilt d'-'? ffira fit47 14 _ Q() u 1189 A notary public, or other officer aampieting ihls certificate verifies only the identity of the individual who signed the documant to vrN,lb this coRificate k attached, and not the truthfulness, accuracy, or validity of that k)CUlnef t. State of California ) County of .. , Orange (-)n n �P� _ �Q� before me., _Rb ondr G. Ab ©l, N,o_t� atyPublic, a Date Here Insert Name and Otte of the Officer personally appeared I-]egthet Saltarelli Narnels) of Signer(s) who proved to me on the ba sis of satisfactory evidence to he the person(g) whose iiain°(,x) islam subscribed to the within instrument and acknowledged to rno that t,p /she /f y, executed the same In P isther /iX h74 authorized capacity(pC j. and that by kilc /her /0199 signafi r'or6) on the instrument the person,N), or the entity upon behalf of which the parson(s) acted, exectited the Instrument. r RH2 DA CC ABEL � O COM'bA. # 2061838 � ORANGE C, CALIFORNIA 0 ORANGE DEC 142 n � COMM. EXPIRES UEC. 14, 2617 - I certify under PENALTY OF PERJI, i ?Y under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of #ic:i<al -seal. toy Srgnatlure of AoMmy Pithlic OPTJONAL TtaofJ9h tai ;ti n i optional, tional, r' .. iipla -ig hi J1TliiCli7c94i07i 08i1 d �= rcli2rv'Pl, i t, f'r� CicJ _t ric l?' or fraudulrvig reattachment of this form to an unintended docwncwt. Description of Attached Ow,,wce:rtt Title or Type of Dacurnent _._. _.. _..._ _ document Date:- __....... Number of Pages: _ _. Signer's) Color 'rhan Nanned Above: Capacity(les) Maimed by Signar(s) Signer's Name: _. _ _-_- ._._ Signer's Name: _ Corporate Officer -- 'Dtie(s): _ _ Corporate Officer ... Title(s)' ._.. Partner ,_ Limited General Partner -- Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _. _ ___.. .._ Other: Signer Is Representing: Signer Is Representing: �4"iACS%UTY�' „ZtS�te;KtCX;4,u St .` r.; 45�KRS�+: S. GYZK�.'< 5(" 6' Zr- aC£ �: �'. �ZtLF.' y'C3�SY2"SCLFCS�,vzv«4 %'t..3:[. ��i4" %'L"S:V'4n- ;!•:S:L'��4v_°e;!�'i Cc }P014 National Notary Association , v +ww.Nationalidotary,org r 1.600•L)S NOTARY (1 -1300- 876.68271 Item )75907 23B -56 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in fall force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney -in -Pact, to male, execute, seal and deliver, for, and on its behalf as sorely, and as its act and deed: any and all bonds and undertakings, and the executign of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as folly and amply, to all Interns and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland„ and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland„ In their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now In force. IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of August, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND •�'GM•.'I.BNa..a .. .�h v gg0 A hhhgo n, Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Bold more On this 19th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly a>mmlssloaed and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secrotary, of the Companies, to me personally known to be the individuals acid officers described in and who executed the preceding fnsb'ument, and acknowledged the execution of same, and being by me duly sworn, deposeth surd Salta, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding insnvmenu are are Corporate Soaks of said Companies, and that the said Corporate Seals and the signature as suoh officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written POA-F 012 -9310Q 23B -57 9(3�;ah116i fF q Maria D, Adamsld, Notary Public My Commission Expires: July 8, 2019 POA-F 012 -9310Q 23B -57 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Pact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizmrees, stipulations, undertakings, or other like husbuments on behalf of the Company, and may authorize any officer or any such attornoy -Iii-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY', and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the Bylaws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seat of the Company may be affixed by facsimile on any Power of Attorney, -Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - Resident, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same forme and effect as though manually affixed. IN TESTIMON] - E,[2L,( ,� have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of J' LU 120—. 40tPO3i e'py11NeUUq,���4 -1 w'r \,4y, ,'z ,. t Gerald F. Haley, Vice President 23B -58 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT 15 -6454 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER This CONSTRUCTION CONTRACT is made and entered into this 17`1' day of May, 2016, 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 referred to as "CITY" and Kara Pipeline, Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Project No. 15 -6454: Warner Industrial Community Water and Sewer Improvements 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 • ..Instructions to Bidders • ..Bid Proposal • ..Bid Bond • ...Contract Forms • ...Contract Bonds • ...General Provisions • ...Special Provisions ..Teetuiical Provisions ... Project Plans — 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. CITY agrees to pay and CONTRACTOR agrees to accept in fill payment to complete Project No. 15 -6454: Warner Industrial Community Water and Sewer Improvements the sum total amount not to exceed $3,457,000, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". The BID Page 1 of 3 23B -59 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 15 -6454 WARNER INDUSTRIUAL COMMUNITY WATER AND SEWER 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 wort, as may be deemed necessary or advisable. 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. 5. 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. 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 furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. 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./ H Page 2 of 3 23B -60 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 15 -6454 WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 13Y r e Sandoval hief Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Kana Pipeline, Inc By:_ Title: Page 3 of 3 23B -61 23B -62 COST ANALYSIS PROJECT NO. 16 -6461: WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED DELIVERY COSTS Exhibit 4 23B -63 $3,457,000 $237,922 $280,628 $518,550 $4.494.100 23B -64 A CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE; AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH RICHARDS, WATSON & GERSHON, APC RELATED MEASURE BB LITIGATION, GENERAL ADVICE AND LEGAL REVIEW {STRAGIC PLAN NO. 1, 3, 4, 51 J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended ❑ As Amended M Ordinance on 180 Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution © Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Richards, Watson & Gershon, APC, for legal services related to legal challenges involving Measure BB — a Medical Marijuana voter - initiative, at the specified rates, general advice and legal review for a two year term ending May 30, 2018 in the amount of $795,000, subject to non - substantive changes approved by the City Manager and the City Attorney, DISCUSSION Richards, Watson & Gershon, APC (RWG), is well known for providing municipal law services to public entities and has done so since 1954. It represents more than 50 public agencies and serves as City Attorney for more than 25 cities. The firm is headquartered in Los Angeles and has offices in Brea, Temecula, and San Francisco. On May 19, 2015, the City Council approved an agreement with RWG for legal services to defend the City in a series of seven (7) lawsuits challenging the constitutionality of the City initiative known as Measure BB. Since May 2015, five (5) additional lawsuits have been filed against the City related to Measure BB and its enforcement and one administrative action arose regarding the implementation of Measure BB. Of the twelve lawsuits filed against the City, only three remain pending. Two of those cases have not yet been set for trial which is not expected until next year. The third and final lawsuit has a trial date of July 25, 2016. The nine dismissed lawsuits were resolved by the City paying zero dollars to those plaintiffs. In addition, RWG has provided general advice and legal review to the City on a case -by -case basis when urgent matters arise in relation to election issues or personnel matters requiring immediate attention. This agreement will authorize the City Attorney to call upon RWG for legal 25A -1 Agreement For Special Legal Counsel Services With Richards, Watson & Gershon May 17, 2016 Page 2 services as necessary to defend litigation or respond to special requests for legal advice from the City Manager. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Goal #3 Economic Development, Goal #4. Government Financial Stability, and Goal #5 Community Health, Livability, Engagement and Sustainability. FISCAL IMPACT Funding for this agreement for fiscal year 2015 -16 is available in the respective accounts (see below). Funding for fiscal year 2016 -17 and 2017 -18 will be appropriated upon City Council approval of the proposed budget in the respective fiscal year (see below): MEASURE BB — Legal Challenges Fiscal Year Amount Account Description FY 2015 -16 $260,000 08009051 -62300 (Liability & Property Insurance Fund - Contract Services) FY 2016 -17 $230,000 01108032 -62300 (City Attorney - Contract Services) FY 2017 -18 $230,000 01108032 -62300 (City Attorney- Contract Services) General Advice & Legal Review Fiscal Year Amount Account Description FY 2015 -16 $25,000 01105015 -62300 (General Non - Departmental- Contract Services) FY 2016 -17 $25,000 01105015 -62300 (General Non - Departmental- Contract Services) FY 2017 -18 $25,000 01105015 -62300 (General Non - Departmental- Contract Services) Sonia R. Carvalho City Attorney 4,At?�Lq_ dward Raya Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �yz Executive Director Finance & Management Services Agency FRobert�66 Qz __ — Special Assistant to the City Manager City Manager's Office 25A -2 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this 6th day of May, 2016, by and between Richards, Watson & Gershon, a California Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized acid existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorneys to assist the in -house attorneys for the City ( "City Attorney ") in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation, specifically, marijuana dispensary litigation and zoning regulation defense, and desire to undertake said services, C. The City acknowledges that it has received billing from Attorneys prior to the date of this Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any unpaid sums owed to Attorneys for those invoices shall be covered under this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigating lawsuits filed against the City challenging the constitutionality, enforcement or the implementation of the voter - initiative known as Measure 1313. Additionally, the City agrees to and does retain Attorneys for general advice and legal review on a case -by -case basis when urgent matters arise in relation to election issues or personnel matters. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2, COMPENSATION FOR SERVICES RENDERED I . City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, at the rate of $295 an hour for all attorneys and $145 -166 an hour for paralegal work. Time will be billed in 1 /10th of an hour increments, b. The total sum to be expended under this Agreement, shall not exceed $795,000.00 during the term of this Agreement. C. The City acknowledges that it has received billing from Attorneys prior to the date of this Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any wipaid stuns owed to Attorneys for those invoices shall be covered under this Agreement. 25A -3 d. City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement, Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice, 3, METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain nmder, and subject to the control and direction of said City Attorney at all stages, and that they shall at all tines keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys, Attorneys further agree, if and when their retention hereunder is tenminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b, Pre -trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate on May 30, 2018, unless terminated earlier pursuant to Section 15 below, The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is tmutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not offices or employees of City. 25A -4 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree 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 infonnation 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 25A -5 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Patrick Bobko, Esq. T, Peter Pierce, Esq. RICHARDS, WATSON, & GERSHON 355 South Grand Ave, 40th Floor Los Angeles, California 90071 -3 101 Facsimile: (213) 626 -0078 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 telefacsimile, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Attorneys 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time, In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated wider this Agreement as of such date. 25A -6 Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. hi such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. MISCELLANEOUS PROVISIONS 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. 14. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original, IN WITNESS WHEREOF, the patties hereto have executed this Agreement the day and year first above written. [Signature Page to Follow] 25A -7 ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: t "t� 2l �R. CARVALT-10 City Attorney Office APPROVED AS TO FORM: SONIA R. C,ARVALIIO City Attorrky , A ✓ v vt By: Sandry(M. Schwarzmann Seri& Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager RICHARDS, WATSON & GERSHON By: Name: Saskia Asamura, Esq. Title: Partner Tax ID No. 95- 3292015 25A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AGREEMENT WITH POWER DMS FOR POLICE DEPARTMENT TRAINING SOFTWARE {STRATEGIC PLAN NOA, 5} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 09200M ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached three -year agreement with Power DIMS for the purchase and maintenance of training software for the Police Department, for the period of May 17, 2016 through May 16, 2019, in the amount of $53,001, which includes a $5,000 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The mission of the Santa Ana Police Department's Training Division is to provide high quality, professional training to our personnel. The purchase of PowerDMS software provides an all - inclusive solution for the electronic maintenance and administration of policies, certification, and other document -based elements. The software will allow us to maintain employee training records in a central location, with added audit and control features. Additionally, it will provide the department the platform to increase efficiencies in the request and approval of training by utilizing built -in workflow solutions. The software will allow management to disseminate training to employees in both electronic and video form with a feature to verify comprehension by on -line tests and electronic signature, which will ensure that employees will remain compliant with federal, state and Department regulations. Proper training provides law enforcement personnel with the tools necessary to deliver professional police services to the community. This agreement was originally approved by City Council on February 16, 2016. The vendor has requested additional substantive changes that have been reviewed, approved and incorporated into the agreement by the City Attorney's Office. The revised agreement includes changes to the Indemnification section of the agreement, including limits on liability, and each party's responsibility in the event of data loss. The Termination section was also modified to allow termination by both the City and the Contractor. In addition, Exhibit A of the agreement further defines how the City can use the Contractor's software subscription services. The three -year agreement will be for the period of May 17, 2016 through May 16, 2019, in the amount of $53,001. This amount includes $13,006 for the software subscription and $7,800 for training in year one, $13,398 for the software subscription in year two, and $13,797 for the software 2513-1 Agreement with PowerDMS for Police Department Training Software May 17, 2016 Page 2 subscription in year three, and a $5,000 contingency for unanticipated and /or necessary improvements, for a total not to exceed amount of $53,001. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety; Objective #5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds for this agreement will be budgeted as follows FY 2015 -16 $20,806 Account no. 12814413 62300 2014 BSCC Grant FY 2016 -17 $13,398 Account no. 01114410 62300 PD Training Contract Svcs. FY 2017 -18 $18,79 7 Account no. 01114410 62300 PD Training Contract Svcs. Total $53,001 Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: 1. Agreement with Power DIMS APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director f- Finance and Management Services Agency 25B -2 SOFTWARE AND SUPPORT AGREEMENT THIS SOFTWARE AND SUPPORT AGREEMENT, made and entered into this 17th day of May, 2016 by and between Power DMS (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing law enforcement training management software. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 provide software and support as needed for the Power DMS service as outlined in the attached Exhibits "A" and "B." City's use of the PowerDMS service shall be subject to the provisions set forth in Exhibit "A ". 2. COMPENSATION A. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. Specifically the City will pay 1. Year 1: $13,006 for the software subscription and $7,800 for training on operation of the software; 2. Year 2: $13,398 for the software subscription; 3. Year 3: $11 797 for the software subscription; and 4. Contingency: $5,000 for unanticipated expenses at the sole discretion of the City. B. The total sum to be expended under this Agreement shall not exceed $53,001.00 over the term of this Agreement. This includes a $5,000 contingency for unanticipated expenses as the sole discretion of the City. C. Payment by City shall be made upon receipt ofproper invoice evidencing the subscription to be provided, subject to City accounting procedures. 25B -3 3. TERM This tern of this Agreement shall be for a three year (3) year period commencing on May 17, 2016 and terminating on May 16, 2019, unless terminated earlier in accordance with Section 12 of this Agreement. 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. 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. Cyber Liability insurance in the amount of $1,000,000 per occurrence. b. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. 2. Certificates of insurance shall be furnished 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. c. 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 effect 2 25B -4 Contractor's right to be paid for its time and materials expended prior to notification of termination. 6. INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY A. Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability arising from any third party claim (a "Claim ") for personal injury, damages, j List compensation, restitution, judicial or equitable relief, to the extent the same are directly and proximately caused by Contractor's breach of this Agreement or the gross negligence or willful misconduct of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the set-vices described in section 1 of this Agreement. The Contractor further agrees to pay all reasonable costs for the defense of the City, including fees and costs for legal counsel to the extent attributable to any Claim. City may make all reasonable decisions with respect to its representation in any legal proceeding; provided, however, that Contractor shall not be responsible for the fees and costs for separate legal counsel retained by the City regarding any Claim. The indemnification obligation set forth in this paragraph shall be subject to the limitations set forth in this Section 6, B. THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY CONTRACTOR. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONNFRINGEMENT. THE CONTRACTOR TECHNOLOGY IS PROVIDED TO CITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITE' IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER TIME SUBSCRIPTION SERVICES ARE SUITABLE FOR CITY'S PURPOSES. CONTRACTOR DOES NOT WARRANT THAT USE OF THE CONTRACTOR TECHNOLOGY WILL BE ERROR -FREE OR UNINTERRUPTED. CONTRACTOR MAKES NO WARRANTY THAT THE CONTRACTOR TECHNOLOGY COMPLIES WITH THE LAWS OF ANY JURISDICTION OUTSIDE THE UNITED STATES. C. Except with regard to liability for the indemnity obligations under this Section 6 with respect to indemnification claims arising from the breach by Contractor of third party intellectual rights or City's breach of Section l of Exhibit A, in no event will either party's aggregate liability exceed the Subscription Fees required to be paid by the City to Contractor during the twelve (12) month period ending on the date on which the relevant claim is submitted. In no event will either party be liable for any indirect, special, incidental, consequential damages of any type or [rind (including, without limitation, loss of data, revenue, profits, use or other economic advantage). 25B -5 D. If the Subscription Services are impacted by any incident resulting in data loss, Contractor will take commercially reasonable steps to restore the City Content from the most recent existing, unaffected backup available. Contractor makes no representations or warranties regarding its ability to recover any City Content lost, and City acknowledges that it is responsible for conducting its own regular backups of City Content through the Subscription Services. E, Third party services or content might be accessible tluough the Contractor Services. Contractor is not responsible for, and makes no warranty respecting, any such services or content. CONFIDENTIALrITY 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. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that, to the best of its knowledge, it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be knowingly employed by or associated with Contractor. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: r 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: And Chief of Police, Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Contractor: Power DMS P.O. Box 2468 Orlando, Florida 32802 Fax (407) 264 -6144 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 snail, any 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 telefacsimile, communication shall be effective or deemed to have been given twenty -tour (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. 10. EXCLUSIVITY AND AMENDdIENT 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 25B -7 the event of a conflict between the terms of this Agreement and any attachments hereto, the terns 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 terns 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. 11. 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 (a) 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, or (b) to prevent the assignment of this Agreement by Contractor to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of Contractor's assets involved in the operations relevant to this Agreement, or (iii) a successor by merger or other combination. 12, TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice. 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. Either patty may terminate this Agreement at any time in the event that the other party (i) breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after written notice thereof; or (ii) becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law, or is wound up or liquidated, voluntarily or otherwise. 13. 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. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonmance, and enforcement of any of the clauses of this Agreement r 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. 15, COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City. 16. MISCELLANEOUS PROVISIONS a. 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 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 frilly set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n Laura A. Rossini Senior Assistant City Attorney DAVID CAVAZOS City Manager CONTRACTOR POWER DMS By: 25B -9 Tax. ID (Name) (Title) RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police [Power 1DMS signature pages] 25B -10 EXHIBIT A Service Description See attached Statement of Work, Provisions Applicable to City's Use of Software: Contractor provides services ( "Contractor Services ") using Contractor's software ( "Contractor Software ") and access- controlled website ("Contractor Site ") which City desires to use for the management of City's documents, records and data (collectively, "City Content "); and City desires to obtain a subscription ("City Subscription ") for certain Contractor Services in accordance with the provisions of this Agreement Use of Subscription Services. a) Subject to the terms and conditions of this Agreement, Contractor grants City and City's designated users ( "Users ") the nonexclusive right to use the Subscription Services during the Subscription Terri. b) Neither City nor any User will (i) modify, translate, or create derivative works of the Contractor Services, Contractor Software or Contractor Site (collectively, "Contractor Technology "); (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Contractor Software's source code or any other technology used by Contractor to provide the Contractor Service; (iii) sublicense, resell or distribute any Contractor Technology in any manner or form; (iv) share login credentials for the Subscription Services with other parties; (v) "frame" or "mirror" the Contractor Services or Contractor Site; or (vi) use or permit. any User to use the Contractor Technology from any location outside of the United States, c) City is responsible for maintaining the security and confidentiality of all User usemames and passwords and for all activities that occur under City's User accounts. City agrees to notify Contractor immediately of any unauthorized use of any username or password or account or other known or suspected breach of security, d) City will have sole responsibility, and Contractor assumes no responsibility, for the City Content. Without limiting the foregoing, City will not submit, or permit any of its Users to submit, to the Contractor Services any City Content or other materials (collectively "Restricted Materials ") that are • Illegal or illegally created or obtained; • false or misleading; • defamatory; • indecent or obscene; • threatening; • infringing of any third party rights; 25B -11 • nivasive of personal privacy; • subject to mandatory public disclosure by Contractor except in accordance with City's written instructions to Contractor; • protected by the flealth Insurance Portability Accountability Act (HIPAA); • Restricted Data, as that term is defined in Title 28, Part 20, Code of Federal Regrda6ons; or • Personally Identifiable Information (I'll), other than the PIt respecting each User required for such User to be able to log into and utilize the Subscription Services. e) City shall comply with all applicable taws in using the Contractor Services. f) Contractor tray, from time to time, adopt and update rules for permitted and appropriate use of the Contractor Services. Upon delivery to City, or publication on the Contractor Site, of any such piles or updates, any further use of the Subscription Services by City and City's Users shall be subject to such rules. g) Contractor reserves the right, in addition to any other remedies available to it, to suspend any User account or User activity if Contractor believes such account or activity (i) is the source of disruption of the Contractor Services or harm to the systems or infrastructure of Contractor or any third party, (ii) is being used to conduct illegal activity or activity that could potentially expose Contractor to legal liability, or (iii) has been used to submit Restricted Materials to the Contractor Services, or (iv) otherwise violates the terms and conditions set forth in this Agreement or any rules adopted by Contractor with respect to the use of the Contractor Services. It) The Contractor Services are subject to modification from time to time at Contractor's sole discretion; provided that any such modification will not degrade the functionality of the Subscription Services in any material manner, except as required by applicable law. Contractor will use reasonable efforts to give City prior written notice of any material modification. 2. City Content. a) As between City and Contractor, all City Content submitted to the Contractor Services by City or by City's Users will remain the sole property of City or such Users. Subject to the terns and conditions of this Agreement, City grants to Contractor a non - exclusive license to use, copy, store, transmit and display City Content to the extent reasonably necessary (i) to provide, maintain and improve the Contractor Services and (ii) to confirm compliance with the terms of this Agreement. b) During the Term of this Agreement, City may extract City Content at any time through the Subscription Services. For a period of ninety (90) days after the end of the Term, City Content will be furnished to City upon written request. Thereafter, Contractor shall have no further obligation to retain any City Content. c) Except as authorized by City (in this Agreement or otherwise) or required under applicable law, Contractor shall not disclose any City Content to anyone other than Contractor's to 25B -12 employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform Contractor's obligations hereunder. The confidentiality obligations set forth in this paragraph (i) wilt survive for one (1) year after the termination or expiration of this Agreement, and (ii) do not apply to City Content which is (A) already in the possession of Contractor and not subject to a confidentiality obligation to City; (B) independently developed by Contractor; (C) publicly disclosed through no fault of Contractor; or (la) rightfully received by Contractor from a third party that is not under any obligation to keep such information confidential. 3. Ownership of Contractor Technology, Contractor retains all rights in the Contractor Technology, including, without limitation, any intellectual property developed by Contractor during the course of its performance of any services for City, Except as expressly provided in this Agreement, no license or other right is granted to City or its Users in the Contractor Technology, The Contractor name, the Contractor logo, and the product names associated with the Contractor Technology are trademarks of Contractor or third parties, and they may not be used without Contractor's prior written consent, 25B -13 EXHIBIT B- STATEMENT OF WORK 12 25B -14 PowerDM t8007495 104 P107210.0113 u+anv pow ardor; coin 1015 - Garland Ave, Ste 300 Orlando, FL. 32801 New Subscription Quote Account Number A -135 Order N: 0000292 Customer: Santa Ana Police Department (CA) Order Date: 05/ 17/2016 Sides Rep. TinfSaunders Valid Until: 05/20/2016 Subscription Start Date; 05117/2016 Initial Term: (2 Ice Marry Phone: Address; 60 Civic Center Plaza Pax; Billing Method: Email Notes: Three year agreement with payment due each year at start of Payment Method: Cheek term; Payment Term: Not 30 Year one total cost (.subscription and services )- $20,806(invoiced upon PO Number: execution of contract) Year two total cost (subscription only w 3 %)t $13,398. (invoiced Pot start of year two of subat:nption) Year three total cost (subscription w 3%): 511,797 (invoiced Par start oryear three of subscription) Procter t Description Tyrn, ON Unit Price "and price SDMS -AS Annual PowarDhtS,com hosted subscription fee Recurring 700 User $18.38 $13,006.00 SDMS -A$ Annual PowerDblS.pom hosted subscription Fee Recurring 700 User $19.14 .$13,398.00 SDMS :AS Annual PowerOMS.com hosted subscription fee Recurring 700 User $19.71 $13,797,00 400 documents ha cled; Up to 24 hours of remote (raining; Two days of onsite training (16 PRENIlU41 hours)4 Project management assurance, Access One =Pima 1 $7,80000 $7,800.00 to our Self -paced teaming portal, live training webhen% training tutorials ,and quickslteets- Total S48,101,00 Fvyiuem Terms All invoices issued heramider ore due upon the invoice ddu date. The fees sal Furth in Chia Quotation Shear are exclusive oFall applimbla Fa�as, ta¢ios, or duncs iiopasod by tiring miniatures and Customer Act be responsible far rare IOur of 'ay, Such npplicabie tares, Iaeies. or dudes. All payanent ohligntions are ace- cmme [lab lq end all fees paid are non•c4uudeblc. Terror & Condairm Unless otherwise agreed is writing by PcoverDNIS mid Licensee, this Qnuradco Sheet and the services to be finished panuaat tot his Quotation Shaer are subject to the terms and conditions rot lanb Irmw hit. uanamavc"bav"ac rernuwvrdmuutl9•.n. The Effcmina We. t,odcbsed in the oalow temrsand cotidnlons cries SuRware as a Service Agrecnmiq shall he die data set Forth balut4. Santa Ana Police Department(("') Title: Date: THE I:NFORMAXION AND PRICING CONTAINED IN THIS QUOTATION 51IECT IS STRICTLY CON K lUNT I AI, 25B -15 25B -16 • t f A. �► CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AGREEMENT WITH WALKER PARKING CONSULTANTS FOR PARKING CONSULTING SERVICES {STRATEGIC PLAN NO. 3,4191) a)--Ij CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 Walker Parking Consultants for Request For Proposal development, operational and functional review and on -call services for an initial two -year term beginning May 17, 2016 through May 16, 2018, with a provision for two one -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $72,220 that includes a contingency of $9,420over the life of the agreement subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 4, 2015, the Mayor and City Council approved the Downtown Enhancements and Parking Modernization Plan. This plan addresses the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the Downtown. As such, staff has begun conceptual design work of the four Downtown parking garages and one surface parking lot owned by the City. The improvements include: structural repairs, automated parking control enhancements, interior and exterior painting, and the addition of ADA accessible bathrooms adjacent to Plaza Calle Cuatro and at the surface parking lot located at 201 E. Third Street. The current parking management company that is responsible for the on -site operations of these parking facilities has been in place for three years and has been on a month to month contract since May 2015. In order to ensure a level of services that will complement the implementation of new automated parking equipment and reflect industry best - practices, staff recommends hiring a professional parking consultant to facilitate in the development of a Request for Proposals (RFP) and the selection of a qualified parking operator. On January 22, 2016 a Request for Qualifications (RFQ No. 16 -011) for Parking Consultant Services was released and posted on the City's online bid management and publication system with proposals due by February 25, 2016. Two proposals were received and reviewed by a four - member committee comprised of staff from the City Manager's Office, Public Works Agency and Finance & Management Services Agency. As a result, each of the responding consultants was interviewed and evaluated based on experience, qualifications, project understanding and past 25C -1 Agreement with Walker Parking Consultants May 17, 2016 Page 2 performances working with municipal governments. The proposals were ranked accordingly, as follows: Rank Firm Combined Score 400 points max. 1 Walker Parking Consultants 383 2 Integrity Parking Systems, LLC. 272 The proposal submitted by Walker Parking Consultants (Walker) was found to be responsive to the City's needs and provides the best value and is appropriate for the project because of its strong qualifications, project understanding as well as the proposed scope of work and corresponding fee schedule. Task I will involve assistance with the design and release of the parking operator RFP and other related duties outlined in the scope of work at a cost of $37,500. With prior City approval, Task 11 may involve additional analysis of the three surface parking lots located on Main Street at a cost of $15,300. Task III involves additional services on an on- call /as needed basis at a cost of $10,000. A fifteen percent contingency in the amount of $9,420 has been included for this contract, for a total not to exceed amount of $72,220 (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 - Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination) Strategy B (create comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). FISCAL IMPACT Funds in the amount of $37,500 (Task 1) are available in FY 2015 -16 Parking Facilities Contract Services Account (02710132- 62300) and Parking Meters Contract Services Account (02710131- 62300). Funds in the amount of $34,720 (Task II & III) will be budgeted and made available in FY 2016 -17 and FY 2017 -18 in Parking Facilities Contract Services (02710132- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: 4{� I LNZI Lit � \4r_a� Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. Agreement 25C -2 AGREEMENT FOR PARKING CONSULTANT SERVICES FOR DOWNTOWN PARKING FACILITIES THIS AGREEMENT is made and entered into this 17th day of May, 2016 by and between Walker Parking Consultants ( "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 January 22, 2016, the City issued Request for Qualifications No. 16 -011, by which it sought proposals from qualified firms for parking consulting services related to the four public parking structures and one public surface lot that serve the Downtown area. B. Contractor submitted a responsive proposal that was selected by 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 those services as set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibits A and B. The total sum to be expended under this Agreement shall not exceed $72,220 during the term of this Agreement. This amount is comprised of (1) the sum of $62,800 and (2) a 15% contingency of up to $9,420 for additional services as may be performed by Contractor at the sole direction of the City. Reimbursable expenses for on -call services shall not exceed $5,000 for each year of the initial term below. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that 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 stated above and continue through May 16, 2018, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. EXHIBIT 1 251C -3 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. Contactor 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. OWNERSIHP OI" 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 "), Contactor shall require all subcontractors to agree in writing that City is granted anon- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contactor 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 Documents & Data which were provided to Contactor 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) mid 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, 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 256 -4 C. Worker's Compensation Insurance. In accordance with the California 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. If Contractor is or employs a licensed professional such as an architect or engineer; Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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) clays prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f 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 forma and paid for, the City shall have the right, at the City's election; to 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. ITN DEMNIFICATION Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, 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 or its, subcontractors, agents, employees, or other persons acting on their 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 duo 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 il'om this Agreement. The Contractor farther 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 aliscs by reason of the teams of, or effects arising from this Agreement. City may make all reasonable decisions 256 -5 with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Contractor 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. RECORDS Contractor shall keep records and invoices in connection with the work to be perforn ied 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 charged to the City for a. minimrun 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. Cont.-aotor 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. 9. 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; (e) is in rightful possession of the Contractor 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. 10, CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall nothave interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. 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 -696 4 25C -6 With courtesy copies to: To Contractor; Francisco Guttierez .Executive Director Finanoe and Management Services Agency City of Santa Ana 20 Civic Center Plaza M -27 P.O. Box 1988 Santa Ana, California 92702 Walker Parking Consultants 606 South Olive Street, Suite 1100 Los Angeles, CA 90014 Attn: Steffen Turoff, Director, Planning Studies City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 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 asset 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, Comity or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or writton, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terns 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 patties agree that any terns or conditions of any purchase order or other instrmient that are inconsistent with, or in addition to, the torms 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 are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herehr 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 lhni.t 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. 256 -7 14. TERWINATION This Agreement maybe 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 sucb payment, the Executive Director may require Contractor to deliver to the City all work product 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 theraof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 15, NONDISCRIMIrNATION 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 or in connection with any activities under this Agreement, Contractor affirms that it is an equal opportumity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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 vena.e for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 17. 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 govemmcental agoneies. 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. 18. 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 aid attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, hold 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. 6 25C -8 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney O J �`-' _ ohn Fun Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director Finance and Management Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Name: Title: 7 25C -9 25C -10 WALKER PARKING CONSULTANTS March 25, 2016 Mr. Arturo Rodriguez Management Aide City of Santa Ana Finance and Management Services Agency 20 Civic Center Plaza M -17 Santa Ana, CA 92702 Re: Revised Proposal for Consulting Services City of Santa Ana Public Parking Facilities Santa Ana, CA Dear Mr. Rodriguez: 606 S Olive Street, Suite 1 100 Los Angeles CA 90014 Office: 213.488.4911 Fax: 213.488.4983 www.waikerporking.com Based upon our recent conversation and RFQ submittal, we understand the City of Santa Ana Is seeking the services of a professional parking consultant to assist in the process of procuring a third party parking operator for the City's public parking structures. Additionally the City desires Walker's expertise In maximizing parking efficiency of the 1022 S Main St, 2011 N Main St, and 300 S Main St/ 301 S Sycamore St surface parking lots, as well as an engagement for "on -call" parking consulting services. The following details the scope of work proposed to support the operator request for proposal procurement and implementation process, as well as the value added professional services and fees needed to complete the engagement. SCOPE OF SERVICES TASK ONE - PARKING OPERATOR RFP AND PROCUREMENT ASSISTANCE 1.1 Meet on site with City representatives to finalize project parameters and obtain relevant background information. 1.2 Review the existing operations to ascertain the current operating methodologies used at each of the individual sites that comprise the City's system, 13 Review and comment on the appropriate scope of services for inclusion in the solicitation package that will be based upon current and proposed future conditions that may include the three surface parking lots referenced above on Main St. IA Develop a list of qualified third -party professional parking firms that will be used for distribution purposes upon approval by the City, M.\Proposals \2016 \4 Studies \Government \City of Santa Ana \03 -25 -2016 REV Santa Ana Consulting Services PRO.docx 25C -11 44 WALKER Mr. Arturo Rodriguez PARKING coNSOnANr$ Proposal for Parking Consulting March 25, 2016 Page 2 1.5 Verify the final RFP timeline from issuance through contract award date 1.6 Review and comment upon the current parking management agreement used by the City. The City's legal counsel will prepare the final parking management agreement that will be included in the RFP, 1.7 Draft the technical elements of a RFP for the purposes of soliciting parking management services (City to issue RFP) and submit to City for review and approval. 1.8 Assist the City in arranging and conducting a pre - proposal conference and site -tour of the City's system for all prospective bidders. 1.9 Review and answer all written questions submitted by bidders subsequent to the pre - proposal conference and site tour with assistance from the City. 1.10 Review proposals submitted for compliance with the terms and conditions contained in the RFP solicitation. 1.11 Prepare a summary of all proposals submitted. Summary will include a comparison of the proposed staffing levels and costs, management fees, operating, maintenance and marketing plans (summary will not include reference checks or an assessment of the bidders' financial competency). 1.12 In conjunction with the City, recommend a short list of proposers. 1.13 Develop questions for short listed proposer interviews for City's consideration and use. 1.14 Participate as the City's parking consultant, as a non - voting member, on the RFP evaluation and selection committee. We can begin work within two (2) weeks of receipt of written acceptance and notice to proceed. Each task will be performed consecutively, and the tentative length of time to complete each project task is as follows: • RFP Document Issued to Prospective Bidders May 13, 2016 • Pre -bid Conference and Site Tour May 24, 2016 • Written Questions Due May 26, 2016 • Addendum Issued May 27, 2016 • Proposals Due June 14, 2016 • Oral Interviews by Short- listed Bidders (tentative) June 22, 2016 • Contract Award (tentative) June 30, 2016 • Commencement Date (tentative) August 1, 2016 25C -12 "" WALKER Mr. Arturo Rodriguez PARKING CaNSUITANT5 Proposal for Parking Consulting March 25, 2016 Page 3 TASK TWO — FUNCTIONAL DESIGN/ OPERATIONAL REVIEW Additional parking capacity may be found through functional design analysis and an evaluation of layout efficiency. Paid parking may be implemented based on a market and stakeholder analysis. For each of the three surface parking lots on Main Street, Walker will: 2.1 Obtain plans for each surface parking lot, preferably in CAD formal. 2.2 Visit the site and meet with City to gain abetter understanding of the parking operation, complaints received from tenants, and functional and /or operational challenges that are currently experienced. 2.3 Review the parking design standards applicable for the City of Santa Ana, 2.4 Evaluate various aspects of the parking operation, including: a. Striping layouts; b. Lane configurations; c. Space allocations; d. Wayfinding; e. Operational procedures; f. Technology analysis; and g. Feasibility of paid parking. 2.5 Discuss with City representatives the needs of the users of the facility, primary pedestrian points, and accessible parking. 2.6 Determine whether existing striped accessible stalls and paths of travel meet mandatory minimum requirements for layout and number of provided ADA stalls per lot, 2.7 Conduct a micro - market rate survey comparing transient, event, and monthly parking rates at competitive garages within a two block radius of each lot. 2.8 Provide a range of cost for each of our recommendations. 2.9 Provide City with a draft letter report that summarizes our findings and recommendations which will include supporting diagrams as necessary. 2.10 Meet with City to discuss the draft letter report and prepare a final report that addresses the feedback received from the meeting, TASK THREE - ON CALL CONSULTING SERVICES Walker will perform additional services on an on -call/ as needed basis as requested by City. See attached Firm Profile for partial list of services and Standard Billing Rates by position. 25C -13 WALKER PARKING CONSULTANTS SCHEDULE Mr, Arturo Rodriguez Proposal for Parking Consulting March 25, 2016 Page A We can begin work within two (2) weeks of receipt of written acceptance and notice to proceed. Each task will be performed as authorized, and the tentative length of time to complete each project task is dependent on receipt of requested info from the City. PROFESSIONAL FEES Walker proposes to provide the services described herein for Task One in accordance with the attached General Conditions of Agreement for a lump -sum fee of Thirty Seven Thousand and Five Hundred Dollars ($37,500), inclusive of reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the actual direct cost of transportation and subsistence when traveling in connection with the work and includes such items as overnight charges, reproduction, and other project related expenses. Any additional services not described in our proposal and performed at your request will be invoiced at Walker's standard billing rates for basic services. Walker Parking Consultants is fully committed to understanding your requirements for this project. We will provide responsive, cooperative and quality professional services. If this Proposal does not meet your requirements, please call and we will gladly discuss any modifications. We look forward to assisting you and working on this project. Trusting our proposal meets your approval, please sign in the space below to acknowledge your acceptance of the terms and conditions contained herein, and confirm your authorization for us to proceed. Upon your approval, please return one fully executed copy of this proposal to my attention. 25C -14 STANDARD BILLING RATES BASIC SERVICES WALKER PARKING CONSIJJTAnRg PRINCIPALS SeniorPrincipal ,...• ....................................................... Principal ............................... $320.00 ........... $265.00 PROJECT MANAGEMENT Senior Project Manager ...... ...........•................... Project Manager ................. . $240.00 ...................... .. ............................... Assistant Project Manager ............................................... .................................... .....:......................... $200,00 $165.00 PARKING CONSULTANTS Senior Parking Consultant ............................ Parking Consultant .,....,....,,...,,.. ,,., $240,00 ........................... Parking Analyst / Planner .... $195.00 .................... ............................... $155.00 RESTORATION CONSULTANTS Senior Restoration Consultant .............. Restoration Consultant ................... .........•...................., , "' ^"" ' °• ••$240.00 Assistant Restoration Consultant ............ ............................................................. .............................•. $195,00 Restoration Specialist ,.• ................................................................................. .................•,•,,,,,,,,.•, ............................... $165,00 DESIGN Senior Engineer / Senior Architect...... Engineer / Architect .............. ............ $240.00 ............................... Designer, ... ........ •,.....,.....,, ,......,.. ............................... $175.00 .....,..........,.... $165.00 TECHNICAL Senior Technician ..... .....................•,,,,,•,_, Technician ................. $155,00 ............................... $135.00 SUPPORT Senior Administrative Assistant / Business Manager Administrative Assistant ................. ............... ......,........... .............................., $ 100,00 ............ ........•... ........................................ ............................... $ 85.00 Subject to annual adjustment on January 1 each year. 25C -15 `�! I s 25C -16 Walker Parking Consultants Fees Task 1 Parking Operator RFP and Procurement Assistance $ 37,500 Task 2 Functional Design $5000/lot $ 15,000 Alternate Task Expenses Functional Design /Operational Review $100 /lot $ 300 Reimbursable Expenses (on -call services) $5000 /yr, $ 10,000 Total $ 62,800 15% Contingency $ 9,420 Grand Total (NTE contract value for 2 years) $ 72,220 25C -17 25C -18 0 0 L40111 L1 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AGREEMENT AMENDMENT WITH XANADU SERVICE SYSTEM, INC FOR CUSTODIAL SERVICES OF PARK RESTROOMS AND BUILDINGS {STRATEGIC PLAN NO. 6, 1 B} ( CITY MANAGER • =021 1 . CLERK OF COUNCIL USE ONLY: :--:• 97 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 amendment to renew the agreement with Xanadu Service System, Inc. for custodial services of park restrooms and park buildings for a total of $230,528, which includes a 10% contingency, for a term from June 1, 2016 through May 31, 2017, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On February 20, 2014 the City issued a request for proposal for custodial services of park restrooms and park buildings. Xanadu Service System, formerly Bell Building Maintenance, and ABM were the only proposals. On May 6, 2014, Xanadu Service System was awarded an agreement for park restrooms and ABM was awarded an agreement for park buildings for a period of one year from June 1, 2014 through May 31, 2015, with two, one -year renewal options, which allowed the companies to continue through May 31, 2017, if renewed. On November 2, 2015 the City received a letter from ABM requesting an increase to their monthly compensation to account for the increases in costs that the company was facing, including account specific equipment, chemicals, State minimum wages, employer insurance rates, workers compensation and the Affordable Health Care Act. As a result of this request, City Staff reviewed departmental budget information and determined that an increase to the compensation for the vendor was not possible. Therefore, staff contacted Xanadu, since the company also submitted a proposal for custodial services of park buildings, and negotiated for Xanadu to complete the term of ABM's contract while City Staff issued a new request for proposal (RFP). j 25D -1 Agreement Amendment with Xanadu Service Systems, Inc. May 17, 2016 Page 2 Since then PRCSA issued an RFP for custodial services of park buildings, which resulted in proposal submittals of approximately $38,000 to $99,000 above the current amount of approximately $95,000. Funding for the additional amount is not available in the department's budget; therefore, PRCSA is requesting that the City continue with Xanadu to provide custodial services of park buildings as well as park restrooms for a combined total of $209,571 plus $20,957 for contingency purposes for the final renewal period of the agreement with Xanadu (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City 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). FISCAL IMPACT Funds are available in the following accounts for the specified fiscal years: Accounting Unit FY 15/16 FY 16/17 Stadium (no. 01113210- 62320) $2,872 $31,593 Park Maintenance (no. 01113250- 62320) $16,338 $179,725 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25D -2 THIRD AMENDMENT TO CUSTODIAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO CUSTODIAL SERVICES AGREEMENT is entered into this 17TH day of May 2016, by and between Xanadu Service System, Inc. ("Xanadu'), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing tinder the Constitution and laws of the State of California ("City"). RECITALS A. On June 1, 2014, the City entered into Agreement #A- 2014 -105 with Bell Building Maintenance Company, Inc. to provide janitorial and custodial services for park restrooms in Districts 1, 2, 3 and 4 for a one -year term with two one -year options exercisable by the City ( "Agreement"). B. By letter dated May 27, 2015, the City exercised the first option and extended the term of the Agreement for an additional one -year period, from June 1, 2015 to May 31, 2016, C. Effective June 1, 2015, Bell Building Maintenance Company merged with Xanadu and began doing business as Xanadu Service System, Inc. In view of this change, on June 12, 2015, the City entered into a First Amendment to Custodial Services Agreement #A -2014- 105 -01b with Xanadu to adjust the entity references and notice information accordingly. D. On December 15, 2015, the City entered into a. Second Amendment to Custodial Services Agreement #A- 2015 -288 with Xanadu to expand the scope of services and the compensation to be expended under the Agreement for the remainder of the term through May 31, 2016, in support of the expanded services. E. The Agreement remains in effect, and the parties now seek to extend the term of the Agreement for the final one -year tern, with the expanded scope of services still in effect, and to increase the compensation to be expended under the Agreement during the final term in support of the expanded services. The Parties therefore agree: Section 1, SCOPE OF SERVICES, is re- stated to include custodial services at the additional City locations appearing on Exhibit A. Section 3, COMPENSATION, is amended to include an additional $230,528 in support of the scope of services, as detailed in Exhibit A. This amount is comprised of (1) the stun of $209,571 and (2) a 10% contingency of up to $20,957 for additional services as may be performed by Xanadu at the sole discretion of the City. 3. Section 4, TERM, is amended to extend the tern of the Agreement from Jane 1, 2016 through May 31, 2017. Paget of 2 25D -3 4. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Custodial Services Agreement the date and year first above written. ATTEST: TA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R, Carvalho, City Attorney By JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SAN DAVID CAVAZOS City Manager XANADU SERVICE SYSTEM, INC. GERARDO MOUET Name: Executive Director of Parks, Title: Recreation, and Community Services Agency Page 2 of 2 25D -4 EXHI BT A 25D -5 Yearly Amount $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 5,400 $ 3,300 $ 7,500 $ 4,740 $ 4,200 $ 3,540 $ 873 $ 5,125 $ 1,277 $ 3,300 $ 7,800 $ 3,840 $ 5,400 $ 7,584 $ 95,211 $ 209,571 $ 20,957 $ 230,528 Fee Schedule Custodial Sites -Park Restrooms Custodial Sites -Park Buildings District Yearly Amount Stadium Campeslno $ 3,840 Press Box Edna $ 3,840 West Side Restrooms El Salvador $ 3,840 East Side Restrooms Riverview $ 3,840 Player Locker Rooms Roslta $ 3,840 Off lclals Locker Room District 2 West Side Concession Bldg Angels $ 3,840 East Side Concession Bldg Cabrillo $ 3,840 District 1 Fisher Restroom $ 3,840 Roslta - Salgado Fisher Cabin $ 3,840 Roslta - Salgado Pool Logan $ 3,840 Rosita - Salgado Gym Portola $ 3,840 District Santiago RR "A" $ 2,520 Logan Center Santiago RR "8" $ 2,520 Santiago Nature Center Santiago Cabin $ 2,160 Santiago Lawn Bowling Center Santiago Lawn Bowling Center- District 3 Lower Level Deihl $ 4,320 Garfield School Madison $ 4,320 Willard Intermediate Memorial $ 4,320 District 3 Sandpointe $ 4,320 Memorial Center District 4 Memorial Pool Adams $ 4,320 Sandpointe Centennial "A" $ 3,000 Cypress Center Centennial "B" $ 3,000 District Centennial "Co $ 3,000 Centennial Reservation Offices Centennial HGHS $ 4,320 Park Buildings Subtotal DYSC "A" includes locker room and restrooms $ 5,400 DYSC "B" $ 3,000 Total Heritage $ 4,320 Contingency Jerome $ 4,320 Contract Amount Santa Anita $ 4,320 Thornton $ 4,320 Windsor $ 4,320 Park Restrooms Subtotal $ 114,360 25D -5 Yearly Amount $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 4,476 $ 5,400 $ 3,300 $ 7,500 $ 4,740 $ 4,200 $ 3,540 $ 873 $ 5,125 $ 1,277 $ 3,300 $ 7,800 $ 3,840 $ 5,400 $ 7,584 $ 95,211 $ 209,571 $ 20,957 $ 230,528 25D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO f044lTZF11TA» ? Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement and a temporary construction easement with property owners Enna Coreas and Gabriel Aparicio, for the property commonly known as 1312 West 9th Street (APN 004 - 123 -11), for partial acquisition of said real property, temporary construction easement, and goodwill (if any), in the amount of $15,200, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. To accommodate the improvements and widening for Phase 3A, acquisition of a portion of the property known as 1312 West 9th Street is necessary (Exhibit 1). The offer, based on the appraised values prepared by a licensed appraiser in the State of California, was made and accepted by the property owner. The full purchase price for the partial acquisition listed above is shown in the attached agreement (Exhibit 2). 25E -1 Purchase Agreement for Bristol Street Improvement Phase 3A May 17, 2016 Page 2 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also 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), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 136792) for expenditure in FY 2015/2016 as follows: $7,800 in the Select Street Construction Fund (Account 05917661- 66100), $7,400 in the Measure M2 Street Construction Fund (Account No. 03217663- 66100). Executive Director Public Works Agency FM /EWG /JG /KN /ML Exhibits: 1. Location Map 2. Agreement for APN 004 - 123 -11 APPROVED AS TO FUNDS & ACCOUNTS: Francisco GutierrezL N ° Executive Director 1 I Finance & Management Services Agency 25E -2 'N I ivTS MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET 77 405- 2G2 -23 405 - 262 -22 W s G7 °_ J O Cn !r � m F CIVIC CENTER R. F- -- ---j L- - WASHINGTON AVENUE T 42 T,- 40 n 12TH STREET LEGEND: -. li[61F0'I' f+P(IPEPSIF � - PlJiT[kl TAEE "9''1u1RE0 PROPEPlIC3 EXHIBIT 1_ J d 0 'sr I, -10 405- 262 -33 405- 262 -32 406-262 -31 MATCHLINE SEE TOP LEFT TITLE: PURCHASE AGREEMENT FOR CITY COUNCIL BRISTOL STREET IMPROVEMENTS AGENDA DATE; PHASE 3A (PROJECT NO. 136792 MAY 17, 2016 NONGENERAL FUND) PUBLIC 'WORKS AGENCY [Strategic Plan No. 6, 1, G and 3, 2, C) 25E -3 PAGE 1 OF 1 25E -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on -------- ---- ---- -, 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and Enna Coreas and Gabriel Aparicio, Wife and Husband as Joint Tenants (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" and "A -1" — Legal Description and EXHIBIT "B" and "13-1" — Plat Map ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 004 -123 -11) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: Conveyance by Seller. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A -1" and depicted on the attached Exhibit "B-1" and incorporated herein by this reference. 1 Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Fifteen Thousand Two Hundred and no /100 ($15,200.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or 25E -5 not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution .of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240, The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State --- of- Galifornia. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Fifteen Thousand Two Hundred and no /100 ($15,200.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days From and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: 25E -6 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of real property to City 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to "City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9� Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns,.Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages '); precondemnation damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any 25E -7 right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows; "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 with the debtor. Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1312 W. 9th Street Santa Ana, CA 92703 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seiler nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any 25E -8 local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 at sea. (42 U.S.C. S9601), 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, - - — compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 25E -9 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Cacecuto Agreement. 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 PSA, 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. 30. Construct.iori Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project; NONE All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: NONE 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25E -10 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER- Gabriel Aparicio and Enna Coreas I e Date: 2016 J ---, Z5� ddl5flel A-paricio Date: 3 .2016 Enna Coreas City/Buyer City of Santa Ana David Cavazos City Manager Attest: iMaria D. Huizar City Clerk Approved as to Form: istant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: 2016 Date: 2016 Date: 2016 25E -11 25E -12 ■ r 25E -13 EXHIBIT "A" (Part Take Fee) LEGAL DESCRIPTION RIGHT OF WAY PURPOSES — AP No. 004- 123 -11 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL, 2 OF PARCEL MAP NUMBER 79 -905, FILED IN BOOK 150, PAGES 12 AND 13, OF PARCEI, MAPS IN THE OFFICE OF SAID COUNTY RECORDER, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF NINTH STREET AND BRISTOL STREET AS SHOWN ON SAID NIAP; TI-IENCE, ALONG SAID CENTERLINE OF NINTH STREET, NORTH 89 °31'30" WEST, 165.1.3 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE OF NINTH STREET, NORTH 0 028'30" EAST TO A POINT ON TIME SOUTH LINE OF LOT 6 OF TRACT NO. 6713, PER MAP RECORDED IN BOOK 24, PAGE 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT BFING A POINT ON A NON- TANGENf CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'03'02" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 11.66 FEET THROUGH A CENTRAL ANGLE OF 7 °01'55" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; HENCE, FASTERL,Y SOUTHERLY, AND WESTERLY ALONG SAIL:) CURVE 185.446 FEET T HR.OUGH A CENTRAL ANGLE OF 2447°06'53" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 24.68 FEET THROUGH A CENTRAL ANGLE OF 14053'08" TO THE NORTH LINE OF SAID PARCEL 2. CONTAINING AN AREA OF 14I SQUARE FEET, MORE OR LESS, ALL AS SHOWN ON EXHIBIT `13', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS 13EEN , PREPARED BY ME ON AnthanyJ . Cuomo SEPTEMBER 28, 2015 No`�6042 ANTHONY C. CUOMO, PLS 6042 OF C 25E -14 r � 25E -15 EXHIBIT "A -1" (TCE) LEGAL DESCRIPTION PAGE 1 OF 2 RIGHT OF `VAY PURPOSES — AP No. 004- 123 -11 BEING A 5.00 FOOT STRIP OF LAND, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 79 -905, FILED IN BOOK 150, PAGES 12 AND 13, OF PARCEL NLAPS IN THE OFFICE OF SAID COUNTY RECORDER, THE NORTHEASTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF NINTH STREET AND BRISTOL STREET AS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF NINTH STREET, NORTH 89 °31'30" WEST, 165.13 FEET; THENCE, PERPENDICULAR TO SAID CENTERLEVE OF NINTH STREET, NORTH 0 028'30" WEST TO A POINT ON THE SOUTH LINE OF LOT 6 OF TRACT NO. 6713, PER MAP RECORDED IN BOOK 24, PAGE; 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL .LINE THROUGH SAID POINT BEARS SOUTH 26 °03'02" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 11.66 FEET THROUGH A CENTRAL ANGLE OF 7 °01'55" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 185.6 FEET THROUGH A CENTRAL ANGLE OF 247 °06'53" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95,00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 24.68 FEET THROUGH A CENTRAL ANGLE OF 14 °53'08" TO THE NORTH LINE OF SAID PARCEL 2. THE SOUTHWESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID PARCEL 2 AND NORTHWESTERLY IN THE NORTH LINE OF SAID PARCEL 2. Page 1 of 2 25E -16 EXHIBIT "A -I" (TCE) LEGAL DESCRIPTION PAGE 2OF2 CONTAINING AN AREA OF 193 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS P.EFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESI`RICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY IVIE ON SEPTEMBER 28, 2015 ANTHONY C. CUOMO, PLS 6042 Page 2 of 2 25E -17 ■ !; 25E -18 EXMI)IT 66B" (Part Take Fee) PLAT MAP Q o O O o I'� � O 3!0 p 64U 4 40 x a F w y b W < 9 r 0) � ri b Vr U) Q �JQp Nbo w pZ C U � mod' W' CO ®' m W 3 O UJa M a I too" t0 W a M a D (rj 4 l0 m L6 W In -t O CY7 m II p Y ca , 2 d m N o cub o b. °o N L o�S !/�V ��v ol ®Za Ia� LPG ) © 4' f1J In O~ °O ,� o j$- UW a N 00 a N z ®A�RAI e m x u ®'° �J \ z °m PRC Z Q=LLI ko .W N M (J U U d' Ln u U .-v CU J J C7 W tld Z J4Z J�3ANns !0- NO1 °31'41 "E Ala /9OD '000c._ y � l� �� N I' F N19 °08'4WE t 0 a � s� � isNO3 re U /OE /S2 r C*4 co 25E -19 3 4 7Ln ro 4 t0 N mm 1 W H � O� ° co T z p a I— H 1-4 m O 9. p S464 14' 03" W W oc I J — \ M q Ul ( h N450 17' 04' W O N Q U r r )�N29*35' 3!0 p 64U 4 40 x a F w (� O Q S 4 017'39 "E �00 W L 1 cub o b. °o 16" E ®- N (lJ z I ,� o U PRC_ N O l �`u N e m x �J \ z °m PRC Z Q=LLI ko z ❑. S26' 03' 020 E N I' F N19 °08'4WE zN °^ U� 1 a � s� � /OE /S2 25E -19 i 25E -20 EXHIBIT 605 -1" (TCE) PLAT MAP 0 ,O e < ° ►_ O � "'o a to- Fz ' U� S U z oz O W Hp� al - , S�P�� jow�"Q r„ 42:1 W'S &i r2:02 13F z O`�h N01 31 41 E --«— 0) < u _.®. -7 m OAvs 9L 00 '0002_ 1S �O1SI�1� N 0 '1SNC10 CV O O 3 p 0 0 0 ° 1 ON v m r L6 N ON �O CZ Xd' Ce CO > `r a W o q'u�c M ¢ U M ° � � � z a m e W� M °.-. , - �� 0CU 11 ''' M � p2 Ojs1 II ^J It �J f�J pJ (ll cu Ln CD J 0 v cu z co z 4 ® d cJ ti M .tlti ' t U U U u U J J C N 0 ,O e < ° ►_ O � "'o a to- Fz ' U� S U z oz O W Hp� al - , S�P�� jow�"Q r„ 42:1 W'S &i r2:02 13F z O`�h N01 31 41 E --«— 0) < u _.®. -7 m OAvs 9L 00 '0002_ 1S �O1SI�1� N '1SNC10 CV O O 3 3 N01 31 41 E --«— 0) < u _.®. -7 m OAvs 9L 00 '0002_ 1S �O1SI�1� N ~ C '1SNC10 CV O O 3 3 C14 M M ° � � � z z _I z z ,OE S46° 14' 03" W C GI i N430 17' 0, J 0 M G ti M .tlti ' t i5� 1 W O C N S S 7 W ° S26903, vI1 .OE ,S2 25E -21 0 N z 0 u in 0 J f .WA . tli S0L O Z u L4 N i v w I C9 Lo r 0C'q Crp 1 yd � q V `` r z „E o cu 19° 08' 46'E U CL 4 O I¢z Z =Uh UD fill til .e h no 1 O 0 N O N cu 19° 08' 46'E U CL 4 O I¢z Z =Uh UD fill til .e h no 1 O 0 N O N r� 25E -22 EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check, All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month, Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of andlor supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25E -23 25E -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGERO RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ,0 ❑ As Recommended As Amended CI Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution 171 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute Purchase Agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the full purchase price of real property listed below, and goodwill (if any), with the following property owners: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 Takai, LLC 2034 South Bristol Street Full $548,000 _ (APN 408- 334 -01) Acquisition 2 Jesus Bernal 1301 West Glenwood Place Full $575,000 (APN 408- 333 -18) Acquisition 3 Juan A. Fernandez 1242 West Carlton Place Partial $2,050 (APN 015 - 233 -10) Acquisition DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2017. To accommodate the improvements and widening for Phase 4, the full and partial property acquisitions are necessary (Exhibit 1). The offers, based on the appraised value prepared by a 25F -1 Purchase Agreements for Bristol Street Improvements Phase 4 May 17, 2016 Page 2 licensed appraiser in the State of California, were made and accepted by the respective property owners. The compensation amounts are shown in the corresponding agreements (Exhibits 2, 3 and 4). 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also 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), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEISIEIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2015 -2016: $225,010 in the Measure M2 Street Construction Fund (Account No. 03217663- 66220), and $900,040 in the Select Street Construction Fund (Account No. 05917660- 66220). Public Works Agency FMIEWG /JG /ML Exhibits: 1. Location Map 2. Agreement for APN 408- 334 -01 3. Agreement for APN 408 - 333 -18 4. Agreement for APN 015- 233 -10 APPROVED AS TO FUNDS & ACCOUNTS: � (V-V egg afar` Y_ C Francisco Gutierrez Executive Director M4 Finance & Management Services Agency 25F -2 MATCHLINE SEE BELOW RIGHT 1 I i 1 I 140II -33a -n 1 I ST GERTRUDE PL 1408. 471 -01! i 400. 471 -17 I I ' 408. 471.06 ' I I 409.411.06 I i I jW IF— CO I O I m I I I I I I �._ °1..1,.1..1.. b15.19a -171 - -� 1915.194r1�- - - - -•—� :015.19x•233 -__.. 1' -. —..� 015.19424, 015 -094.25 01GipA -3p, 'p16- 194.3p' b 15.194.28I ;at6.t9a.2s1 ' 9*194 35 I I I WARNER AVENUE ---- ---7—..... LEGEND: - pUB.IM P1'DPCP1'v - FULL dC%1U1SJ71011 F2M - SU &I69Y PPAPEPT/ 4.LTIAL A /YUt5i firm _GOUIHen ICUPE9nec I� r I I I I I I ST ANDREW PL CARLTON PL i i i of el I I I GLENWOOD PL I I i CAMEN PL J - T --- - -7 s I I I I `^°,1 �ST ANNE PL J I I .— rT- .r--T--.. ('.'off.- -T- '7-- -I'• i ryi I I i L °L..1 —L..L. w CI ' h� J � N 1 I I r"—T--7---7---f--- I I Ni I I I � Lol I I I I I I v 9, -� - -L EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA AMA PURCHASE AGREEMENTS FOR F7 CITY COUNCIL BRISTOL STREET IMPROVEMENTS VV AGENDA DATE; PHASE 4 (PROJECT NO. 116741 MAY, 17, 2016 (Strategic FUND) PUBLIC WORKS AGENCY (Strategic Plan No. 6, 1, Gi and 3, 2, CI 25F -3 PAGE 1 OF 1 25F -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on , 2016, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and TaKai, LLC, their 100% interest (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2034 S. Bristol Street, Santa Ana, CA 92704) (APN 408- 334 -01) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 7. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to ,City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Five Hundred Forty Eight Thousand and nol100 Dollars ($548,000,00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non- monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. Exhibit 2 25F -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at Its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations ,imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. S. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of Five Hundred Forty Eight Thousand and no /100 Dollars ($548,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: 25F -6 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property, 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in . the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining 25F -7 to the realty; any. right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245,245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "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 with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P,O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is TaKai, LLC, 161 Tapestry Irvine, CA 92603. 15, Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City, 25F -8 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vil) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C, S6901 et sue. (42 U.S.C. Se903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 at se q. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, Including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment), This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 25F -9 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 21 Captions, Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29, Authority to Execute Agreement. 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 PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25F -10 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: TaKai, LLC, their 100% interest By: �`�%� Date: 4-4 4 , 2016 Its: City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Coieli Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: _ _ 2016 Date: .2016 Date: Q �+ ` 2016 25F -11 EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS; LOT 54 OF TRACT NO. 2209, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 64, PAGE(S) 25 AND 26, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25F -12 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason 'Funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms heroof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25F -13 25F -14 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or 'Buyer'), and Jesus Bernal, an individual (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1301 W. Glenwood Place, Santa Ana, CA 92704) (APN 408 -333 -18) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 1 Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, In the amount of Five Hundred Seventy Five Thousand and no /100 Dollars ($575,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. INF 15 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or Interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation foes, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, an said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying. said. real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of Five Hundred Seventy Five Thousand and no /100 Dollars ($575,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: 25F -16 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. S. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement. nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining 25F -17 to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "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 with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed - - — -upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1301 W. Glenwood Place, Santa Ana, CA 92704. 16. Exceptions. City agrees to accept title to said real property subject to the following: NONE 16, Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 25F -18 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property, The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) deflned as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U,S.C. S6901 et secl. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C, S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity, Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 25F -19 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity.. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered In construing this PSA. 24. Governing Law, This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneflciarv. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees, This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25F -20 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Jesus Bernal, an individual Jesus Bernal, an individual City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: j eSando I- Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: 0 1 11 2016 Date: _ _ 2016 Date: .2016 Date: 4— ol 7 , 2016 25F -21 EXHIBIT "A" LEGAL DESRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 55 OF TRACT NO. 2209, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 408 - 333 -18 25F -22 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited In one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. Ail adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month, Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon _ .satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. When recorded, please mail this 25F -23 25F -24 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on , 2 01 6 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or 'Buyer"), and Juan A. Fernandez, an individual, (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Properly ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1242 W. Carlton Place, Santa Ana, CA 92707) (APN 015 - 283 -10) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1 . Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Two Thousand Fifty and no /100 Dollars ($2,050.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. Exhibit Q 25F -25 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of Two Thousand Fifty and nol100 Dollars ($2,050.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; 25F -26 (b) Acceptance by City of a Grant Deed conveying said real property to City (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value' attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of 25F -27 necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may he sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "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 with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1242 W. Carlton Place, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 25F -28 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, fix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at seq. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U,S.C. 59601), 18. Com liance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnify extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 25F -29 20. Contingen . It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24, Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficial. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25F -30 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Juan A. Fernandez, an individual Juan A. Fernandez, an individual City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: e Sandovaal - h of Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: '2016 Date: 2016 Date: 2016 Date: 14 12016 25F -31 EXHIBIT 'A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 015- 233 -10 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 39 OF T'RAC'T NO. 1378, PER MAP RECORDED IN BOOK 41, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION .LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT, SAID POINT LYING DISTANT" THEREON SOUTH 88 010'21" EAST, 11.62 FEET FROM THE INTERSECTION OF SAID NORTH LINE WITH THE WE, EST LINE OF SAID LOT; 'THENCE, SOUTH 46 047'56" WEST, 16.42 FEET TO A POINT IN SAID WEST:' LINE, SAID POINT LYING DISTANT THEREON SOUTH 1046'14" WEST, 11.62 FEET FROM SAID INTERSECTION. CONTAINING AN AREA OF 46 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT' B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANT'S, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ONCjANl) SEPTEMBER 22, 2015 ANTHONY C. CUOMO, PLS 6042 m 25F -32 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited In this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as Is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25F -33 25F -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: AGREEMENT WITH CBRE FOR COMMERCIAL BROKERAGE SERVICES (STRATEGIC PLAN NO. 6, 1G ) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 °a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with CBRE, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide Commercial Brokerage services for the three -year term beginning May 18, 2016, through May 18, 2019, with provision for two one -year term extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $50,000 over the life of the agreement. 2. Authorize the Executive Director of Public Works to reject the sole noncompetitive Proposal for Residential Brokerage Services and re -issue a new Request For Proposal for the same service. 3. Approve the Inventory List of Remnant Commercial Properties to consider for sale. DISCUSSION Over the past 20 years, the City has acquired a number of properties for various projects throughout Santa Ana. These projects have been completed and the remaining parcels are no longer needed for City purposes. The desired brokerage services will primarily consist of financial and marketing analysis, and asset management, leading up to and including the ultimate sale of the remnant properties. During the agreement term, the firm's services will also be used as needed for general project real estate consulting. A Request for Proposals (RFP) for Residential and Commercial Brokerage services was posted on the City's website on November 13, 2015. Proposers were given the option of submitting individual proposals for either or both of these brokerage services. Five proposals for Commercial Brokerage services were received and four were deemed complete and responsive. The proposals were evaluated by a six - member committee comprised of staff from Public Works, 25G -1 Agreement for Commercial Brokerage Services May 17, 2016 Page 2 Planning and Building, Community Development, the City Manager's Office, and a member of the City of Anaheim's real property team, Each firm was rated according to its experience, qualifications, project understanding, staffing and project organization, financial stability, references, and cost. The following table is a list of the firms and their respective scores: Commercial Brokerage Services 1. CB RE 92.4 2, Starting Gate SPD Inc. 83.3 3. S er Van Ness 79.5 4. INCO Commercial 61.9 Staff recommends executing an agreement with CBRE, based on its high rating and experience in performing similar work with other public agencies. The consultant will receive a commission for properties sold based on a fixed percentage, Compensation for as- needed, general project real estate consulting will be at an hourly rate, for a total amount not to exceed $50,000. Only one proposal was received for Residential Brokerage Services. It is recommended that this proposal be rejected and a new RFP be issued for an extended submittal period to encourage interest and competition. W-11112reim 401111 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). -# x There is no environmental impact associated with this action. Commissions on properties sold will be based on a fixed percentage per Fee Proposal (Exhibit 3). Funds for general project consulting services will be budgeted for anticipated expenditure in FY 2016/17 through FY 2020/21, if renewal options are exercised, as shown below: 25G -2 Agreement for Commercial Brokerage Services May 17, 2016 Page 3 Fund Name Public Works Agency Measure M2 Street Construction Measure M2 Street Construction Measure M2 Street Construction Measure M2 Street Construction Measure M2 Street Construction Fred Mous uip-Qu, Executive Director Public Works Agency FM /EWG /ML Account No. 03217662 -66220 03217662 -66220 03217662 -66220 03217662 -66220 Anticipated Expenditure in FY 2016 -17 2017 -18 2018 -19 2019 -20 2020 -21 Amount $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 APPROVED AS TO FUNDS AND ACCOUNTS: Exhibits: 1. Agreement 2. Inventory List of Remnant Commercial Properties 3. Fee Proposal 25G -3 Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement 2. Inventory List of Remnant Commercial Properties 3. Fee Proposal 25G -3 25G -4 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 18th day of May, 2016, by and between CBRE, Inc., a California Corporation (hereinafter "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 (hereinafter "City„). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Professional Commercial Brokerage services, including Real Property Analysis, Transactions, & Financial Analysis and Asset Management Services, B. Consultant represents that Consultant is able and willing to provide such services to the City 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 THE, REFORE, 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 those services as set forth in Exhibit A to this Agreement, as previously set forth in Attachment I to RFP No. 15 -103, which shall be incorporated herein by this reference, including Task 1, Real Property Analysis, Transactions, and Financial Analysis, as well as Task 2, Asset Management Services, as applicable. The list of Remnant/Sellable Properties applicable to the Scope of Services is set forth in Exhibit B, attached hereto and incorporated into this Agreement by reference. Additionally, how Consultant will complete said services is discussed in Consultant's Proposal set forth in Exhibit C, attached hereto and incorporated into this Agreement by reference. Further, any Asset Management Services provided under Task 2 shall be subject to the Asset Management Services Terms and Conditions as set forth in Exhibit F attached hereto and incorporated herein by this reference. To the extent of any conflict between the terms of this Agreement and the Asset Management Services Terms and Conditions, Exhibit F shall control with respect to Asset Management Services. 21 COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit D, attached hereto and incorporated into this Agreement by reference, including the connnission structure provided for Task 1, Real Property Analysis, as well as the hourly rates provided for Task 2, Asset Management Services. The total sum to be expended under this Agreement for Task 2 shall not exceed $50,000.00 during the term of this Agreement. EXHIBIT 1 25G -5 b. Payment by City shall be made within thirty (30) 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 and Scope of Work, which may reasonably be expected by City. MENNEFIXIMM This Agreement shall commence on the date first written above and tenninate after three (3) years, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) additional one -year periods, upon a writing executed by the City Manager and the City Attorney. 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 mediiun of expression, inohuding 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. Any pre- existing intellectual property developed by Consultant is excluded from this section 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, vohmteers 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 25G -6 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. 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, as applicable to Consultant's use of 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, Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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, by Consultant, without thirty (30) days prior written notice to the City, (iv) Consultant shall supply City with a filly executed additional insured, endorsement. 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 tennination 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 or its contractors, subcontractors, agents, employees, or other persons acting on their 25G -7 behalf which relates to the services described in section I 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, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence or otherwise wrongful conduct of the Consultant. 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, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the City. 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 Linder 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. 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 25G -8 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 in Certifications, Exhibit E, attached hereto and incorporated in this Agreement by reference, 12. 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: Cleric 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: and 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 -5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: CBRE, Inc, Jeffrey Moore, Senior Managing Director 3501 Jamboree Road, Suite #100 Newport Beach, CA 92660 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 25G -9 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, 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 are not embodied herein. 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: Ell As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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. 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 and as further specified in Certifications, Exhibit E, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE 25G -10 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 fiuther 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 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. MISCELLANEOUS PROVISIONS a. 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 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, 25G -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM. SONIAARV City A o eyl im RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director -- PWA CITY OF SANTA APIA DAVID CAVAZOS City Manager IIOURION) � ti—t11 25G -12 95- 2743174 Director EXHIBIT A SCOPE OF SERVICES 1. Real Prooerty Analvsis. Transactions, & Financial Analvsis 1.1 Perform purchase and/or sales transactions for the City. 1.2 Negotiate and execute leasing, licensing, and other real property contract agreements for the City. 1.3 Provide analyses and advice on real estate transactions. 1.4 Provide recommendations on the method of disposing of real property according to the SAMC code section 2 -706 through 2 -710 by the City. 1.5 Provide other related real property analysis and transaction services as required by the City. 1.6 Prepare market analyses, development feasibility and market studies to determine optimum use of properties; 1.7 Dispose of identified City property, including; prepare marketing packages, marketing plans, and provide brokerage and auctioning services as necessary to lease, sell, or exchange City -owned properties; 1.S Pro Forma 1.7.1 Perform economic and real estate market analysis; 1.7.2 Prepare financial reports and studies; 1,9 Market Study 1.S.1 Provide recommendations on feasible techniques and methods for financing real estate projects including public- private partnerships; 1.8.2 Market experts to provide fmancial/market analysis to assist with real estate decision making. 2. Asset Management Services 2.1 Advertise for prospective tenants of City - owned, property, provide property security, prepare properties for lease and show available properties; 2.2 Collect rentals of City -owned properties, provide janitorial services, landscaping services, repair and preventative maintenance work, fill vacancies, and evict bad tenants; 2.3 Provide for revenue concession and license management, concessionaire liaison, rent collection/reporting, inspections and lease compliance of City -owned properties; 2.4 Prepare market analyses, development feasibility and market studies to determine optimum use of properties; 25G -13 2.7 Provide real estate support services such as graphic services, map preparation, aerial photography, and courier services; 2.8 Perform lease, license, and other real estate document compliance reviews and work with City agencies to correct deficiencies; 2.11 Review cost of improvement estimates; 2.12 Assist City agencies with inspections of improvements, creation and correction of "punch list" items, and final acceptance of improvements; 2.14 Perform or arrange for safety inspections; 2.16 Provide or arrange for handyman services such as carpentry, painting, repairs, electrical, plumbing; 2.17 Provide other related asset management services as required by the City. 2.18 Conduct rental surveys and site surveys. City Responsibilities: City will provide the draft inventory of properties, maps, available property information and any other pertinent documents to consultant. Consultant is responsible for the final inventory catalogue of the Properties. Consultant is responsible for the accuracy of the final product. 25G -14 EXHIBIT B LIST OF REMNANT /SELLABLE COMMERCIAL PROPERTIES 25G -15 CITY OF SANTA ANA LIST OF REMNANT COMMERCIAL PROPERTIES April 2016 APN Remnant Area, Futura Lot Area Remnant, Street Address 004 - 123 -48 14,500 24,700 828 N BRISTOL ST 004- 123 -52 10,200 828 N BRISTOL ST 405 - 065 -18 2,850 14,850 518 N BRISTOL ST 405 - 065 -19 2,850 514 N BRISTOL ST 405- 065 -38 9,150 510 N BRISTOL ST 008- 081 -28 3,200 8,950 517 N BRISTOL ST 008- 081 -26 5,750 515 N BRISTOL ST 008 - 082 -29 5,200 5,200 1247 W SANTA ANA BLVD 008 - 091 -01 7,300 21,100 315 N BRISTOL ST 008 - 091 -02 6,450 1244 W SANTA ANA BLVD 008 - 091 -13 950 303 N BRISTOL ST 008 - 091 -14 6,400 1247 W 3RD ST 109 - 266 -17 33,660 33,660 1416 S BRISTOL ST 015 - 194 -40 7,230 17,540 2235 S BRISTOL ST 015- 194 -37 10,310 1211 W WARNER AVE 405 - 121 -06 3,976 3,976 801 N ENGLISH ST 398 - 385 -03 6,250 18,771.61 1222 E 4TH ST 398- 385 -04 6,250 1225 E 4TH ST 398 - 385 -05 6,272 1221 E 3RD ST 398- 453 -06 1 24,936 24,936 202 N GRAND AVE 398 - 236 -01 1,369 1,369 621 N SPURGEON ST 144 - 303.22 599 599 3706 W CAMILE ST 403. 121 -30 505 505 1730 S GRAND AVE 007- 203 -24 4,000 4,000 1503 W 1ST ST 099 - 224 -33 1 5,000 5,000 114 N EUCLID ST 398- 492 -14 5,814 5,814 1 823 E 1ST ST 007 - 332 -08 17,424 177424 1901 W WALNUT ST 25G -16 EXHIBIT C CONSULTANT'S PROPOSAL 25G -17 Table of Contents STATEMENT OF QUALIFICATIONS a. Cover Letter b. Agreement Statement c. Firm &Team Qualifications d. Understanding of Need e. Proposed Staffing & Project Organization f. References g. Schedule h. Fees CERTIFICATIONS 25G -19 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES STATEMENT OF QUALIFICATIONS 25G -20 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES a. Cover letter Mr. Jason Gabriel Project Manager, Principal Civil Engineer City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Re.: RFP #15 -103 for On -Call Commercial Brokerage Services Dear Mr. Gabriel, T +1 714 371 9250 Jeff.Moore .cbre com Rick. Warner cbre.com 3501 Jamboree Road, Suite 100 Newport Beach, CA 92660 On behalf of the project team representing CBRE, Inc. ("CBRE"), we are pleased to submit this response to the City of Santa Ana (the "City ") regarding on -call brokerage services for the City's surplus commercial real estate portfolio. The enclosed Statement of Qualifications demonstrates CBRE's ability to provide all services requested in the Scope of Work for commercial properties and the disposition of the City's surplus commercial real estate. We have kept our response succinct, as requested, and have highlighted our experience with real property inventory catalogues for other municipalities for all commercial uses, including improved and unimproved parcels, as well as our ability to maximize sale value while mitigating risk, meeting required timeframes and ensuring certainty of close. Your real estate team, which includes Jeff Moore, Rick Warner and Tom Abel, includes strategic public advisors and disposition specialists who have hands -on experience working with entities like the City, the development community, end users and financiers —as well as decades of experience with and unmatched knowledge of the local and regional commercial real estate markets, With CBRE's eight Southern California offices — include the cities of Orange, Newport Beach, Ventura, Universal City, Downtown Los Angeles, Beverly Hills, Ontario and the South Bay —we are strategically positioned to assist the City with full -area coverage, including specialists in all sub- markets and product types required for the successful completion of all related projects. We have proudly served the Orange County region since 1952 and hold the largest market share of all commercial real estate firms in the region by a significant margin. Our vast resources are built upon proven best practices and leadership talent, offering reliable, transparent and market - tested approaches to support public sector operations. Our partnership will be built upon continual communication, including receiving approvals on offering letters and marketing materials, maintaining status update calls and any requested meetings to discuss progress. Our seasoned team will effectively work side -by -side with City officials to ensure that the best outcome for each property will be achieved. We are confident in our ability to assist the City with this important assignment, and thank you for the opportunity to present our qualifications. Best regards, un. Jeff Moore Rick Warner Senior Managing Director, Orange County Senior Vice President, Orange County CBRE 25G -21 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES b. Agreement Statement STANDARD AGREEMENT CBRE agrees to use the sample Standard Agreement included as RFP Attachment 2 as the starting template for our contract with the City. We have included a note from our Legal team regarding a few areas we wish to discuss further with the City prior to execution of any contract. as requested. Please refer to the Appendix for this memo. 25G -22 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES c. Firm and Team Qualifications Jeff Moore, Executive Oversight (Lic. 00459202) 128 Years with CBRE Jeff Moore Is a Senior Managing Director at CBRE, overseeing the Orange County Region since 2007. He is responsible for overseeing operations, business development and client relations for all lines of business in the Orange County offices, which together include 95 sales and leasing professionals, as well as fully staffed Property Management, Project Management, Appraisal, Property Marketing and Debt & Equity Finance. Rick Warner, Public Sector Strategic Advisor (Lic. 00645389) 130 Years with CBRE Rick Warner is a Senior Vice President with CBRE who specializes in landlord /owner representation. With a 30 -year career in commercial real estate marked by forward - looking client solutions and consistent results, Rick is recognized as a preeminent broker in the greater Orange County market. His ability to uncover new solutions to complex challenges has resulted in his disposition of over 35 million SF, totaling more than $5 billion. Rick's determination to exceed his clients' expectations has enabled his team to become the top - ranked office authority across the greater region. Thomas A. Abel, Single Point of Contact (Lic. 00985659)l 28 Years with CBRE r Thomas Abel is a First Vice President with CBRE and a recognized leader in office sales and leasing throughout Orange County. Since beginning his career with CBRE in 1988, he has successfully executed office transactions in excess of 5.5 million SF. With every deal, Tom's focus remains squarely on driving results for his clients, including delivering substantial real estate - related cost savings to each company's bottom line. This client- centric commitment has earned him a position among the leading CBRE professionals in Southern California every year for over 20 years. 25G -23 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES c. Firm and Team Qualifications Janet G- ig ,s, Transaction Coordinator i 19 Years with CBRE Janet Grigas joined CBRE in 1996 as an Administrative Word Processor. In 1997, Janet accepted the position of Deal FileNoucher Secretary, and in 1998 moved into a Client Services Specialist position. She supports the team's transaction coordination needs by managing all documentation and client services activities to ensure a streamlined process with excellent service. CBRE has the largest platform of integrated commercial real estate services in the industry — from Brokerage and Asset Services to Debt & Equity Finance, Valuation, Project Management, and everything in between. Our team will leverage CBRE's resources as needed to support the disposition process (including property marketing, mapping & demographics, etc.) and will call upon additional CBRE service lines if and when the City deems it appropriate to help meet the City's evolving goals and needs. Full professional profiles and licenses for CBRE team leaders are included in the Appendix, 25G -24 CBRE I PROPOSAL TO THE CITY OFSANTAANA FOR COMMERCIAL BROKERAGE SERVICES c. Firm and Team Qualifications SIGNIFICANT EXPERIENCE WITH SIMILAR TRANSACTIONS & MUNICIPALITIES The CBRE team has decades of experience representing entities like the City in economic development, master planning and disposition assignments throughout Southern California and across the U.S., including the following key projects. • City of San Juan Capistrano —Sold 170 -acre Rancho Capistrano Property, 35 acres for the commercial development of Senior Housing • City of San Juan Capistrano, Lot 217 — Sold 4.79 acres (3.39 usable acres) for new commercial development • AT &T, Downtown Anaheim Property — Sold 4.5 acres for a high- density residential development to a publicly traded REIT • City of Long Beach, Boeing Property — Parceled and sold 220 acres for commercial office and mixed use • City of Anaheim, Boeing Property — Parceled and sold 100 acres for commercial office and mixed use County of San Bernardino — Economic development throughout the County • City of Fontana — Procured theatre and restaurants for the City • City of Monrovia — Sold all former redevelopment agency properties • City of Azusa — City -wide economic development plan; sold four city -owned properties • City of Claremont — Created city -wide master plan for economic development while assisting the sale of all former redevelopment agency land • City of Chino Hills — Created city -wide master plan for economic development • City of Tustin — Retail analysis for former Hanger at the District • City of El Monte —Assisted with city -wide economic development, including the sale of city - owned land • City of Placentia — Retail analysis for the entire city • City of Barstow — Created master plan for a 700,000 -SF new city center • City of Los Angeles — Evaluation of excess city space • City of Coralville, Iowa — Created a 100 -acre master plan • City of Avondale, Arizona — Created a master plan for their outlet center • City of Denver, Colorado — National retail overview to assist in economic development CBRE 5 25G -25 CBRB I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES c. Firm and Team Qualifications EXPERIENCE WITH THE CITY OF SANTA ANA The CBRE team represented the City of Santa Ana in the successful disposition of its nine -acre parcel of freeway frontage land, including: • Three acres to Crown Realty In the development of a hotel • Three acres to State Compensation Insurance Fund for the development of commercial office space • Three acres to Xerox Corporation to develop commercial office space SELECT LANDLORDS & DEVELOPERS PERSONALLY REPRESENTED Panattoni w The Boeing Corporation Davis Development o ING Crown Realty A Transpacific m UBS WCB Alberfsons Development z Legacy Partners Hillman Properties m Milan Properties s Lincoln Properties Cornerstone RE w EOP TA Associates Advisers s Spieker Properties Hutton Associates Q Mass Mutual f Arden Birtcher Development LBA w Abbey Co. LNR Deutsche Bank v Maguire Development Hudson Capital (RREEF) Catellus Kilroy CBREI AT &T w The Boeing Corporation v South Orange County R Xerox Corporation Washington Mutual g Community College District ( "Chase ") Home Depot . Ericsson Business Alberfsons State Compensation p Communication . Prudential Insurance Insurance Fund Merrill Lynch, Yamaha L.A. County Office of Education , General Electric Z :_ 6 25G -26 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES d. Understanding the Need UNDERSTANDING THE CITY's GOALS a NEEDS CBRE leads the industry in public sector experience, providing services to more than 100 state and local governments across the country through CBRE's Public Institutions and Education Solutions ( "PIES ") practice. PIES enhances CBRE's ability to share best practices from other states, counties and cities, and can advise on the effect of current market conditions — Including state and municipal budget shortfalls- -and their influence on real estate decisions. As demonstrated in the previous section, our CBRE team has extensive experience supporting public sector entities like the City in the disposition of core and surplus real estate assets, including land parcels and the full range of commercial properties. Our team's meticulous, transparent process has been refined over the past 15+ years in partnership with our public sector clients to ensure we best meet their unique goals and needs. We understand the City has expressed the following key objectives for this assignment — optimizing sale value, minimizing costs, accelerating the process and ensuring quality performance for a diverse, surplus portfolio, We have achieved these same goals for other public and private sector clients as well. We will employ our proven process and tailor the disposition strategy to the needs of each specific requirement and the realities and trends of each market and target buyer pool. In response to Question F (Schedule), we have included a timeline that outlines the steps necessary for the successful completion of each disposition assignment and the implementation of the Scope of Work outlined under Task 1: "Real Property Analysis, Transactions & Financial Analysis" for Al: "Commercial Brokerage Services ". It is important to note that CBRE also has all services and resources required to effectively implement the Scope of Work described under Task 2: "Asset Management ". We respectfully request the opportunity to discuss the City's portfolio goals and vision further prior to assigning the best Asset Services team members and establishing the optimal approach for this potential scope of work. CBRE's experience with a broad array of property management challenges and opportunities has enabled the firm to build the industry's preeminent Asset Services platform. Our focus on value -add service delivery, high -touch tenant relations and communication, streamlined efficiencies and cost savings, accurate and timely reporting, and scrupulous maintenance have enhanced the performance level of our clients' valued assets worldwide. If the City elects to move forward with the Task 2 scope of work, we will leverage CBRE's Asset Management expertise, platform and tools to tailor a service delivery program that allows for individual property and overall portfolio goals to be achieved. We look forward to discussing this further with the City r 25G -27 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES e. Proposed Staffing and Project Organization PROPOSED STAFFING & TEAM ORGANIZATION CBRE has been a leader in the Orange County commercial real estate market for over 60 years, and is the largest full - service national brokerage firm in the area — bringing together strong ties and involvement in the local community with the resources of the world's largest commercial real estate services firm to benefit the City with this complex assignment. Our team includes the following specialists and support. 8 Offices 1 500+ Brokerage Professionals 1 #1 Market Share Asset Services I Capital Markets I Land Sales Group I Mapping & Demographics Project Management I Property Marketing I Public Institutions Practice I Valuation L 25G -28 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES f. References City of Claremont 1 Contract Value: $5,000 to $6,500 (Monthly Retainer) 11 -Acre Strategic Evaluation and Planning Development: Beginning in June of 2009, Erik Westedt led the CBRE team in hosting ground -up, citizen- attended meetings to gain community support for City developments for all vacant, non - residential real estate properties. Knowing they had the support of the community, the City proceeded with a voter - polled execution strategy, continuing up to the present. Reference: Tony Ramos I City Manager, Claremont +1 909 399 54411 tramos(a?ci.claremont.ca.us 207 Harvard Avenue l Claremont. CA 91711 City of San Juan Capistrano I Contract Value: $3.6 Million (Total Sale Value) "Lot 217" Managed Bid Process: In August of 2012, Rick Warner and Jim Penner of CBRE were selected by the City of San Juan Capistrano to sell the land known as Lot 217, which consisted of 4.79 acres (3.39 usable acres), and successfully closed in November 2013. While Karen was our point of reference for this property, the current contact who can speak to our abilities is Cynthia Russell, Chief Financial Officer, who can be reached at; +1 949 443 6301 01 crussell @sanjuancapistrano.org. Reference: Karen Brust l Former City Manager, San Juan Capistrano +1 949 488 3874 l kbrust(rDsanivancapistrano.org 32400 Paseo Adelanto l San Juan Capistrano, CA 92675 Cities of Long Beach & Anaheim I Contract Value: $14.7 Million (Tort! Sale Value) Boeing Property, Managed Bid Process: Rick Warner was a member of the CBRE Team responsible for Boeing's successful disposition —to multiple parties —of 220 acres at two locations: the City of Long Beach and the City of Anaheim (2006 -2014, combined). This included both land and improved industrial space. Reference: Stephane M. Wendel l Seller's Representative, Boeing +1 562 497 6150 1 stephane.m.wandelQ6oeing.gam 2201 Seal Beach Boulevard, Building 80 1 Seal Beach, CA 90740 C� =13�I 25G -29 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES f. References City of Chino Hills I Contract Value: $5,000 to $6,500 Nionthiy Reta nerj City -Wide Master Plan: In 2014(2015, Erik Westedt and Scott Kaplan supported the City of Chino Hills in the creation of a city -wide master plan for economic development. Reference: Joann Lombardo I Director +1 909 364 2740 1 jlombardo@chinohills.orq 14000 City Center Drive I Chino Hills, CA 91709 City of Azusa i Contract Value: $5,000 to $6,500 (Monthly Retainers City -Wide Master Plan: In 2015, Scott Kaplan and Eril< Westedt successfully created a city- wide economic development plan on behalf of the City of Azusa and sold four city -owned properties. Reference: Troy Butzlaff ( City Manager +1 562 497 6150 1 tbutziaff @ci_azusa.ca.us 213 E Foothill Boulevard I Azusa, CA 91702 r m 25G -30 CBRE I PROPOSAL TO THE CITY OF SANTA ANA FOR COMMERCIAL BROKERAGE SERVICES g. Schedule The primary scope of work requested in this RFP to which CBRE is responding is the disposition of the City's surplus commercial properties. Below is a snapshot of the process our team would follow for the marketing and sale of such properties, which covers all activities included under the Scope of Work: "Real Property Analysis, Transactions & Financial Analysis" for Commercial Brokerage Services (A1). We have noted the amount of time required for each activity, the responsible party (CBRE Team and/or the City) and key milestones required for the successful completion of the process. Please refer to the Appendix for a larger version of the below process chart. i P' ■ I } 11 25G -31 EXHIBIT D FEE PROPOSAL 25G -32 APPENDIX EXHIBIT B FEE PROPOSAL Task 1- Commission Structure RepYesen�at�on 5�tu�tiqu P���e�t���e I'eir�e�ntt�ge �P'�res�utag4 dor,"aie� fox Se �6Sn � Px1311t0 R1GE�6r �ILlt3e0C In a cooperating brokerage situation* what is the total proposed brokerage fee? Assume 6% 5% 5% split is 50150. In situation without a cooperating broker what will the total brokerage fee be? 5% 4% 3.5% * Cooperating broker can be other CBRE brokers (other than Rick Warner, Scott Kaplan or Erik Westedt) who represent the buyer. Costs associated with the marketing materials will be absorbed by CBRE. Any necessary engineering, environmental, surveys, reports, etc., if any, to be paid for by the City. Task 2- Hourly Rates: Submit fixed hourly rate fees for Task 2 services in accordance to Section IV-13-3. FEE PROPOSAL for all the classification. Senior Vice President $350 per hour Vice President $250 per hour Associate $100 per hour City of Santa Ana RFP 15 -103 Page 23 25G -33 EXHIBIT E CERTIFICATIONS 25G -34 ATTACHMENT 3 -1: NON- COLLUSION AFFIDAVIT CITY OF SANTA ANA. REQUEST FOR PROPOSALS FOR ON CALL RESIDENTIAL & COMMERCIAL BROKERAGE SERVICES RFP NO.; 15 -103 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CiTY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance 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 or, 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 confcrence with anyone to fix the bid price of the BIDDER or any 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- collusivb Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may sLb*t thplicnifier to criminal prosecution, Signed State of California Subscribed and sw (or affirmed) before me on this day of proved ro me on the basis o ' factory evidence to be the person(s) who a Notary Public Signature „,,- Notary Public, Seal City of Santa Aft RFP 15 -103 Page 24 25G -35 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 XPee Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. I Signature of Document Signer No. 2 rif any) [�Anotary public or other offloor computing this cerMficate verifies only the ident of the individuall %wNho signed the notary public document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _e7 eAA16je,_ a. Sea/ Place Notary Seat Above Subscribed and swom to (or affirmed) before me on this __Ld day ofbgdg—ni-b&t, 20-L:_T by Date Month Year (and Name(s) of Signier(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Slgnatur w Signature of Notary Public 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 N 25G-36 APPENDIX ATTACHMENT 3 -2. NON »LOBBYING CEi3TIFICATI0N CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON CALL RESIDENTIAL & COMMERCIAL BROKERAGE SERVICE RFP NO.. 15 -103 The prospective participant certifies, by signing and submitting this bid or proposal, 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 ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with the awarding ofany flderat contract, the making of federal grant, ilia making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure. of Lobbying Activities' . 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 malting 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 S100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa" €2FP 15 -103 Page 25 25G -37 ♦•; APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA BEQUEST FOR PROPOSALS FOR ON CALL RESIDENTIAL & COMMERCIAL BROKE, RAGE SERVICE RFP NO.: I5-I03 Tho undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant 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 Consultant 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 iris /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 Consultant'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 Consultant 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. City of Santa Ale RFP 15.103 Page 26 25G -38 7. The Consultant 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 Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 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 consultant of public works violating this Section is subject to all the penalties imi)Rsed,f(r a violation of the Chapter, Signed: Title: Firm: Bate: 1'2 — (6?-I .W City of Santa Ada RFP 15 -103 Page 27 25G -39 APPENDIX ATTACHMENT 3 -4: COMPANY INFORMATION CERTIFICATIONS A. COMPANY PROFILE: Company Legal Name: CBRE Group, Inc Company Legal Status (corporation, partnership, etc.): Corporation Business Address: 3501 Jamboree Rd., Suite 100, Newport Beach, CA 92660 (D .C. reeional headquarters) W'ebsite Address: _ www. cbre. com_( rwvw.cbre.com /investorrelations for financial filings) Telephone Number: (949) 725 -8500 Facsimile Number: (949) 725 -8545 _ E -mail Address: _Primary Contact: Erik.Westcdt @cbre.com Length of time the firm has been in business providing Professional Real Estate Services: _109 years Length of time at current location: _20 years / 60+ years in Newport Beach Is your firm a sole proprietorship doing business tinder a different name; _Yes X No If yes, please indicate sole proprietor's name and the name you arc doing business under: Is your firm incorporated: _X—Yes No If yes, State of Incorporation: Delaware Federal Taxpayer ID Number: _952743174 Regular business hours: M - F, 8 :Q0 AM - 6M PM Regular holidays and hours when business is closed: New Year's Day, MLK Day, President's Day, Memorial Day, Indepedeace Day, Labor Day, Thanksgiving Day & Day After, Christmas Eve & Christmas Day, New Year's Eve Contact person in reference to this RFP: Erik Wostedt Telephone -Number: (213) 545 -4500 Facsimile Number: (213) 613 -3005 Email Address:— Erilc,Westedt @cbre.com Cell Number: (213) 545 -4500 Contact person for accounts payable: Sandra Salvin Telephone Number: (949) 725.8572 Facsimile Number: (949) 725 -8545 Email Address:_Sandra.Salvin @cbre,com Cell Number: Name of service manager: Jeff Moore Telephone Number: (949) 725 -8600 Facsimile Number: (949) 725.8628 Email Address:-Ieff.Mooi-e@cbro.com Cell Number�L949) 939.6041 In the event of an emergency or declared disaster, the following Information is required; Name of contact during non - business hours: Eric Westedt Telephone Number: (213) 545 -4500 Facsimile Number: (213) 613 -3005 Email Address: Erik.WestedtZebre.Com Cell Number: (213) 545, 4500 22 City of Santa Ana RFP 15 -103 25040 I3 C. Fill COMPANY HISTORY: For any business structure, provide history of acquisition, buyouts or mergers with other entities for the past five (5) years. Attach detailed information regarding any prior and pending litigation, liens, or claims involving the Proposer, ❑ No action pending FINANCIAL STATUS: ❑ No prior action © Information Attached Proposer shall indicate whether Proposer, its principals, directors, or majority shareholder(s), or any company Proposer has held a controlling interest in, or which has held a controlling interest in Proposer, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attached statement indicating the bankruptcy date, court jurisdiction, trustee's name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy. Attach detailed information regarding any prior and pending litigation, liens, or claims involving the Proposer ❑X No action pending LITIGATION STATUS: ® No prior action ❑ Information Attached Proposer shall provide detailed information regarding current and prior lawsuits (court and case number), liens, or claims filed on behalf of and against Proposer, or any company Proposer holds a controlling interest in, or any company that holds an interest in Proposer in the past five (5) years. Attach detailed information regarding any prior and pending litigation, liens, or claims involving the Proposer. ❑ No action pending ❑ No prior action © Information Attached 23 City of Santa Ana RFP 15 -103 25GZ41 EXHIBIT F ASSET MANAGEMENT SERVICES TERMS AND CONDITIONS 25G -42 EXHIBIT F ASSET MANAGEMENT SERVICES TERMS AND CONDITIONS Vendor Contracts, CBRE, Inc. ( "Consultant ") shall negotiate contracts on behalf of City with third patty vendors ( "Vendors ") for the operation, repair, maintenance and servicing of a property, consistent with industry standards. Such service contracts shall be entered into with Vendors by Consultant as agent for and in the name of City and terminable with respect to the property on 30 days notice or less, unless otherwise approved by City ( "Vendor Contracts"), Consultant shall require that any Vendor performing work on the property maintain insurance satisfactory to City. Consultant shall obtain certificates of insurance for all such insurance and furnish copies to City upon request. The funds necessary to pay for such services shall be paid by City. 2. Environmental Risk Management. Notwithstanding anything to the contrary contained herein, City acknowledges and understands that Consultant is not qualified to (x) evaluate the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, radioactive materials, or other environmental concerns under applicable law, upon, within, above, or beneath the Property (collectively, "Hazardous Materials "); (y) maintain or evaluate compliance with environmental, Hazardous Materials or waste laws, rules and regulations; or (z) conduct or ensure clean-up or remediation of Hazardous Material spills or contamination. Any environmental assessment report for a property will be obtained from an independent environmental consultant retained by City. In no event will Consultant make an independent determination as to the presence or absence of Hazardous Materials, or whether City, the Property or any particular tenant is in violation or compliance with any laws relating to Hazardous Materials ( "Hazardous Materials Laws"), Consultant shall have no obligation or liability with respect to the abatement, clean -up or remediation of any spill of or contamination from any Hazardous Materials relating to a property. City agrees that, with respect to any abatement, clean-up or remedial action, City shall employ a qualified and licensed environmental clean-up company to undertake such responsibilities. 3, Insurance (a) During the Term, Consultant shall maintain 'the following insurance relating to its services hereunder: INSURANCE Workers' Compensation Employer's Liability Commercial General Liability insurance Business Automobile Coverage Professional Liability Insurance Fidelity or Commercial Crime (Employee Dishonesty) Umbrella Liability Insurance LIMITS $;1,000,000 per accident. $1,000,000 per accident $1,000,000 per occurrence/ $2,000,000 annual aggregate $1,000,000 per accident $1,000,000 per occurrence/ $2,000,000 amoral aggregate $2,000,000 per occurrence $5,000,000 per occurrence and annual aggregate Consultant may fulfill its liability insurance obligations through any combination of primary and umbrella coverage. Upon request, Consultant shall famish City certificates of insurance evidencing the insurance coverage required under this subsection. Should Consultant's insurance coverage be cancelled or non renewed for any reason, Consultant shall endeavor to provide City 30 days prior written notice of such cancelation or non- renewal. 25G -43 25G -44 CITY OF SANTA ANA LIST OF REMNANT COMMERCIAL PROPERTIES April 2016 APN Remnant Area Future Lot Area Remnant Street Address 004 - 123 -48 14,500 24,700 828 N BRISTOL ST 004 - 123 -52 10,200 828 N BRISTOL ST 405 - 065 -18 2,850 14,850 518 N BRISTOL ST 405 - 065 -19 2,850 514 N BRISTOL ST 405 - 065 -38 9,150 510 N BRISTOL ST 008 - 081 -28 3,200 8,950 517 N BRISTOL ST 008 - 081 -26 5,750 515 N BRISTOL ST 008 - 082 -29 5,200 5,200 1247 W SANTA ANA BLVD 008 - 091 -01 7,300 21,100 315 N BRISTOL ST 008 - 091 -02 6,450 1244 W SANTA ANA BLVD 008 - 091 -13 950 303 N BRISTOL ST 008 - 091 -14 6,400 1247 W 3RD ST 109 - 266 -17 33,660 33,660 1416 S BRISTOL ST 015 - 194 -40 7,230 17,540 2235 S BRISTOL ST 015 - 194 -37 10,310 1211 W WARNER AVE 405 - 121 -06 3,976 3,976 801 N ENGLISH ST 398 - 385 -03 6,250 18,771.61 1222 E 4TH ST 398 - 385 -04 6,250 1225 E 4TH ST 398 - 385 -05 6,272 1221 E 3RD ST 398 - 453 -06 24,936 24,936 202 N GRAND AVE 398 - 236 -01 1,369 1,369 621 N SPURGEON ST 144 - 303 -22 599 599 3706 W CAMILE ST 403 - 121 -30 505 505 1730 S GRAND AVE 007 - 203 -24 4,000 4,000 1503 W 1ST ST 099 - 224 -33 5,000 5,000 114 N EUCLID ST 398 - 492 -14 5,814 5,814 823 E 1ST ST 007- 332 -08 17,424 17,424 1901 W WALNUT ST EXHIBIT 2 25G -45 25G -46 FEE PROPOSAL Task 1- Commission Structure Representation Situation Percentage Percentage Percentage for Sale " for Sale for Sale Price up to Price Over Price over $1.0 Million $1.0 Million $5.0 Million In a cooperating brokerage situation* what is the total proposed brokerage fee? Assume 6% 5% 5% split is 50150. In situation without a cooperating broker what will the total brokerage fee be? 5% 4% 3.5% * Cooperating broker can be other CBRE brokers (other than Rick Warner, Scott Kaplan or Erik Westedt) who represent the buyer. Costs associated with the marketing materials will be absorbed by CBRE. Any necessary engineering, environmental, surveys, reports, etc., if any, to be paid for by the City. Task 2- Hourly Rates: Submit fixed hourly rate fees for Task 2 services in accordance to Section IV -13-3. FEE PROPOSAL for all the classification. Senior Vice President $350 per hour Vice President $250 per hour Associate $100 per hour 00121e31rt3 25G -47 25G -48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: MASTER AGREEMENT WITH THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY FOR SUPPORT SERVICES AND PROGRAMS [NONGENERAL FUND] (STRATEGIC PLAN NO. 1, 2D; 4, 1; 5, 2; 7, 5F) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED I] As Recommended ® As Amended ® Ordinance on 15' Reading ® Ordinance on 2ntl Reading C Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a master agreement with Municipal Water District of Orange County, for participation in programs and services to support the water enterprise, for an initial term of five years, beginning upon approval by the Municipal Water District of Orange County and ending on June 30, 2021, with an option to extend for an additional five years, in an amount not to exceed $635,000 over the initial five -year period, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In 1928, the City of Santa Ana participated in the establishment of the Metropolitan Water District of Southern California (Met) to secure adequate water for the city, county, and region. Santa Ana is one of only three Met member agencies in Orange County; the other two being Anaheim and Fullerton. Santa Ana purchases 25 percent of its wholesale water from the Met. In 1933, the Municipal Water District of Orange County ( MWDOC) was created to serve Orange County water retailers. MWDOC provides wholesale water, services, and programs to its Orange County member agencies. While the Water Resources Division does not purchase water from MWDOC, it has purchased water enterprise support services. The Division also participates in programs that assist in planning, operations, efficiency and conservation, and community education efforts, while focusing on its core mission to deliver clean, safe, and reliable drinking water. The master agreement between MWDOC and the City of Santa Ana allows the parties to collaborate on water resources activities, including planning analysis and reports, water use efficiency programs, school education programs, emergency preparedness programs and other joint efforts. 25H -1 Master Agreement with MWDOC for Support Services and Programs May 17, 2016 Page 2 The master agreement provides for the following activities: • Water Use Efficiency Programs • School Education Programs (Elementary and High School) • Water Emergency Preparedness Activities including annual support of the Water Emergency Response Organization of Orange County • Shared Consulting Agreements • Water Resources Planning • Strategic Services • Water Loss Control Services • Urban Water Management Plans The City has previously contracted with MWDOC for most of these services and expects to continue into the foreseeable future. This master agreement enables staff to more quickly and efficiently engage in MWDOC activities by clearly establishing a basic foundation for this contractual business relationship for the term of the master agreement. It will supersede any existing agreements between the City and MWDOC for the indicated activities. To standardize and simplify implementation of these activities, the agreement requires approval of additional programs and services at the City's sole discretion. Approval of the master agreement will give the Water Resources Manager approval authority to participate in specific programs and services offered by MWDOC. Should the City desire to add additional services or programs that require funding during the term of this master agreement, staff will seek Council review and approval of an amendment to incorporate those activities into this agreement or into a separate agreement. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #2 (broaden communications, information sharing, and community awareness of public safety activities), Strategy D (expand Community awareness of Public Safety activities, programs and services that focus on risk reduction (smoke alarms, water safety, pedestrian safety, fire safety /prevention); Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment); Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability); Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability); and, Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization), Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). 25H -2 Master Agreement with MWDOC for Support Services and Programs May 17, 2016 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with the recommended action. Future fiscal impacts incurred through subagreements will comply with the amounts indicated above and the Limitation of Financial Commitment by the City in Section 11 of the attached master agreement. Funding will be verified by Finance & Management Services during Fiscal Years 2015 -16, 2016 -17, 2017 -18, 2018 -19, 2019 -20, 2020 -21 and applicable renewal options as needed, prior to the execution of program subagreements. Implementation of any services identified in the agreement is subject to funding availability in the Capital Recovery Charges, Sanitary Sewer Services, Water Enterprise, and Water Utility Capital Funds (054, 056, 060, and 066, respectively). "remouvi our Executive Director Public Works Agency FM /NS /RR Exhibit: 1. Master Agreement 25H -3 25H -4 FINAL 4 -12 -16 MASTER AGREEMENT FOR PROGRAMS AND SERVICES BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( MWDOC) AND THE CITY OF SANTA ANA THIS AGREEMENT (the "Agreement ") is made as of _ 2016 by and between the Municipal Water District of Orange County ( "MWDOC ") and the City of Santa Ana ( "City ") to provide for participation by the City in various programs and services administered by MWDOC, as described herein. The City and MWDOC are referred to jointly as "Parties" and individually as "Party." City Staff shall be defined as the City's Water Resources Manager or his designee. That role is currently filled by Nabil Saba, PE, City of Santa Ana Water Resources Manager. RECITALS WHEREAS, the Parties are both member agencies of the Metropolitan Water District of Southern California ( "Metropolitan ") and have many common interests related to water activities, programs and organizations within Orange County; and WHEREAS, the Parties share many water planning characteristics, including location, climate history, demographics, water sources, water supplies and demand management measures; and WHEREAS, the Parties share a long and successful history of collaborating on water resource activities, planning analyses and reports, water use efficiency programs, school education programs, emergency preparedness programs and otherjoint efforts; and WHEREAS, the Parties desire to cooperate and pool resources to obtain economies of scale on joint studies and programs, share Information developed independently, simplify the process of implementing water use efficiency measures, and maximize grant funding for all of these activities; and WHEREAS, the Parties understand that ail programs administered are done so that the ultimate decision to participate and seek a rebate is made by the end water user within the City; and . WHEREAS, the Parties have prepared this Agreement to address the common goal of consolidating and streamlining the contracting procedures required for MWDOC's administration of, and the City's participation in, the programs and services referenced herein; NOW, THEREFORE, the Parties agree as follows: 1. OVERVIEW OF JOINT ACTIVITIES a) The Agreement shall cover those activities as can be agreed to between MWDOC and Page 1 of 11 EXHIBIT I 25H -5 FINAL 4.12 -16 the City including the following: • Water Use Efficiency (WUE) Programs • School Education Programs (Elementary and High School) • Water Emergency Preparedness Activities including annual support of the Water Emergency Response Organization of Orange County (WEROC) • Shared Consulting Agreements • Water Resources Planning • Strategic Services • Water Loss Control Services • Urban Water Management Plans b) The provisions as described below shall apply to the above services, 2. WATER USE EFFICIENCY PROGRAMS ( "WUE PROGRAMS ") a) Subject to the limitations set forth in Sections 2 - 5, the Parties shall work together to make WUE Programs available to water users throughout the City's water service area. In general, the City will have access to the same "Choice" WUE Programs that are available to MWDOC's member agencies. Each year, as MWDOC's budget is developed, MWDOC shall provide notice to the City by submitting the WUE Program Participation cost estimate (budget) for the subsequent fiscal year (same as it provides to all of its member agencies) to allow the City to consider participation. City has the sole discretion to participate. MWDOC shall also provide City with any other information or documents which are required for participation in WUE Programs or reasonably requested by the City in connection with WUE Programs. For each fiscal year, the City shall review the WUE Program Participation cost estimate and choose the WUE Programs, the level of its participation, and funding levels that the City deems beneficial. In connection with the foregoing, the City will notify MWDOC via email regarding the City's financial participation in the upcoming fiscal year. Whenever NEW opportunities for WUE programs shall become available, MWDOC shall notify the City Staff and provide sufficient details and requirements for each, and estimated costs for City's review and decision regarding participation. The City Staff shall provide MWDOC an email confirmation regarding whether it intends to participate in the NEW opportunities and its level of participation. b) Except to the extent of the elections made in the WUE Participation Notification, the City shall have no obligation to participate in any WUE Program, including, but not limited to, any obligation to provide financial contribution to such program, unless elected to by the City Staff as outlined in Sections 2 - 5. 3. WUE PROGRAMS WITH NO MATCHING CONTRIBUTION REQUIREMENT a) Subject to the limitations set forth herein, the Parties agree that the WUE Programs chosen by the City for participation, with the exception of any WUE program that requires City funding, shall be made available throughout the City's water service area Page 2 of 11 25H -6 FINAL 4 -12 -16 for the Term of this Agreement, without the need for a separate agreement between the Parties beyond this Agreement. City participation in any WUE program that requires City funding shall proceed only upon approval of the City, as provided herein. b) At the time this Agreement is made, the following WUE Programs are available to the City from MWDOC and they do not require local match funding from the City or any other contribution from the City. The City may voluntarily elect to provide, as described below, supplemental funding in order to enhance the level of incentive paid to the participant. • Drought Response Turf Removal Program (SAWPA) • Comprehensive CII Program (SAWPA) • Comprehensive Landscape Program (USBR) • Water Smart Landscape Program (aka - Landscape Performance Certification Program) MWDOC will provide the City with support for these programs in the form of marketing materials and staff support. Grant funding obtained by MWDOC for WUE Programs will be made available to end water users within the City's water service area in the same manner it is made available to MWDOC member agencies. c) When required for any WUE Program, as determined by MWDOC and the program design, and subject to provisions in Sections 2 - 5, the City will be required to conduct pre- and post- installation verification inspections and will provide MWDOC with documentation showing inspection results, Personnel and equipment costs incurred by the City, if any, will nat be reimbursed by MWDOC or any other third party. Such inspection obligations shall not exceed those levels or amounts set forth in the WUE Participation Notification, attached hereto as Exhibit A. If City has agreed to participate in any program that requires Inspections, the City may, in the alternative to the foregoing, request in writing in response to the WUE Program Participation budget that MWDOC direct its inspection contractor to conduct pre- and post - installation verification inspections, at the City's cost, provided MWDOC provides City with an estimate for these costs and City Staff approves such costs. MWDOC shall invoice the City monthly for such inspection costs. In addition to the direct costs to MWDOC, reasonable staff time and overhead attributable to the inspection services may be invoiced to the City and the City is responsible for paying MWDOC for such. d) Should City request to add supplemental funding in order to increase incentive levels beyond the levels established, City may do so at its sole discretion by listing the per device and total funding amounts in its response to the WUE Program Participation budget. Submittal to MWDOC of the WUE Participation Notification document with changes by the 10th of the month will take effect by the first of the following month. 4. WUE PROGRAMS WITH MATCHING LOCAL CONTRIBUTION REQUIREMENT Page 3 of 11 25H -7 FINAL 4 -12 -16 a) The Parties agree that MWDOC's WUE Programs that require a local contribution shall be made available throughout the City's water service area for the Term of this Agreement, without the need for a separate agreement between the Parties beyond this Agreement. Selection to participate by the City and the level of funding required for any MWDOC WUE program device will be designated in the WUE Program Participation budget. Any changes, such as funding levels, program participation, and /or overall funding amounts, City wishes to make during the Term of this agreement will be made in response to the WUE Program Participation budget. b) The local contribution required under these Programs varies. The amount of local match funding required for any particular device will be determined by the availability of other funding, and the City's share of the local matching fund for each device installed shall be mutually agreed upon between the City and MWDOC prior to the commitment of City funds, which the City shall acknowledge by submitting a response to the WUE Program Participation budget. 5. WUE PROGRAM COST ALLOCATION AND INVOICING a) During its annual budget process, MWDOC shall allocate to the City a proportionate share of MWDOC's estimated WUE Program costs. This share is determined by calculating the percentage of total outside funding provided during the previous calendar year to WUE Program participants within the City's service area compared to the total of all outside funding under MWDOC's WUE Program. That percentage is then applied to MWDOC's total WUE "Choice" Program budget, including personnel and overhead costs. Based on the information provided, the City shall decide whether or not to participate and shall advise MWDOC. This allocation process is the same as the allocation process used to allocate casts to MWDOC's member agencies. b) For those programs included in the WUE Program Participation budget, MWDOC shall invoice the City for WUE Program costs no later than August 30 of each year, and the City shall pay the amount due within thirty (30) days of receipt of the invoice. MWDOC must be notified of any disputed invoice within 30 days of receipt. c) A reconciliation of actual WUE Program costs will be performed at the end of each year during MWDOC's budget process and reflected in the invoice sent to the City the following year. d) MWDOC shall invoice the City on a monthly basis for any local funding required, including the per device amounts, any inspection costs, and /or any provided supplemental funding, provided the City has agreed to participate in such programs. Such invoices shall be mailed by the 10th day of each month for the preceding month and shall be paid by the City within 30 days. The amount invoiced per device shall be determined by MWDOC and conveyed to City prior to City's participation. All funding amounts will be listed in the WUE Program Participation budget. 6. SCHOOL EDUCATION PROGRAMS (ELEMENTARY AND HIGH SCHOOL) Page 4 of 11 25H -8 FINAL 4-12 -16 a) MWDOC's School Education Programs are offered as a "Choice" program offering on a pay- for - service program manner for both MWDOC's member agencies and the Cities of Anaheim, Fullerton and Santa Ana. The programs and options are described below. Typically, these programs are structured and priced annually through MWDOC's budgeting process, The School Education Program services offered by MWDOC and the City annually selects targets for both Elementary and the High School Programs. MWDOC and its contractors agree to attempt to fulfill the target amounts, but cannot guarantee such and will charge the City based on actual students and schools involved in the programs. For the School Programs, MWDOC will invoice for the total annual estimated costs and will provide a reconciliation at the year -end, based on the actual services provided. b) Elementary School Grades 1 -6 i) Currently, the Elementary School Program is operated by the Discovery Science Foundation under contract with MWDOC and offers services based on the number of students desired by each of the member agencies. The program is offered to grades 1 -6 with all students using the Keypad Program. The final billing is based on actual number of students that participate. c) High School Program Currently, the High School Program is being conducted by contract with MWDOC by Inside the Outdoors, a department of the Orange County Department of Education and is being conducted in partnership with The Ecology Center. The program offers two parts as follows: i) Basic Program - MWDOC structured the "digital portion" of the High School Program and the High School Teacher Training portion of the program, with costs allocated to member agencies and the City based on the High School Student Population count per water serving agency. This was done because the "digital" portion of the program involves development of a web -based program aimed at attracting and engaging high school students from all over the County and because the Teacher Training is open to all teachers in the County. ii) Specific Funding to a High School in the Member Agency Service Area - Agencies can elect to have at least one High School in their service area participate in the detailed program involving their entire student body. Agencies can opt in or out of this portion of the program if they do not want it offered for their service area, 7. THE WATER EMERGENCY RESPONSE ORGANIZATION OF ORANGE COUNTY ( WEROC) a) The parties may participate, without the need for an additional agreement in WEROC operations. MWDOC provides the overall staff and support for WEROC and has historically allocated the costs for WEROC among MWDOC, Orange County Water District, the Cities of Anaheim, Fullerton and Santa Ana, the Orange County Sanitation Page 5 of 11 25H -9 FINAL 4 -12 -16 District and the South Orange County Wastewater Authority. The purpose of WEROC is to assist water and wastewater services with preparedness and response coordination for mutual aid and other services and to represent water and wastewater entities at the Orange County Operational Area. In order to build the relationships needed for effective response, WEROC works with member agencies, Metropolitan Water District of Southern California, the County Operational Area, the State Office of Emergency Services and other emergency response partners throughout the year to educate, network and train together. WEROC staff works with its member agencies (including the City) on emergency plans and standard operating procedure development, review of state and federal required trainings for grant eligibility, disaster readiness, disaster exercise development, grant identification and applications and response and recovery coordination. Lastly, WEROC staff maintains two emergency operation centers, its own response plans and the backbone of the WEROC radio communications system. in providing these services WERCC continues to lead the nation as a model for water and wastewater emergency coordination and response. b) MWDOC will charge a percentage of WEROC's annual budget to the City to fund WEROC operations. The historical percentage allocated is 3,80% and is based on historical negotiations among the WEROC funding partners. The proposed program budget and funding agency charges will be submitted to City for budgetary consideration annually. B. SHARED CONSULTING SERVICES a) The Parties may participate, without the need for an additional agreement, in the planning, research, policy development, water resources planning, strategic processes and other activities that require engagement of an outside consultant. MWDOC shall provide the City a copy of each consultant's proposal for review and comments. For each consultant so engaged, the City will notify MWDOC if it elects to participate in the consulting services and the limit of its financial participation. These and other joint activities and studies related to water resources planning are basic and recurring functions for both MWDOC and the City, and the City's Water Resources Manager shall have discretion to authorize participation by the City in consulting contracts administered by MWDOC by giving written notice to MWDOC, provided the Agreement Limit (defined below) has not been reached. b) The City shall not have any obligation to pay for this consultant unless the City agrees to participate in the consultant's proposed costs. 9. AWARD AND ADMINISTRATION OF CONSULTANT AGREEMENTS a) When programs or services desired by the City and administered by MWDOC require MWDOC to engage a consultant, MWDOC will use its standardized professional services agreement as a form and will modify it as required for each particular Page 6 of 11 25H -10 FINAL 4 -12 -16 engagement. MWDOC will award the agreement pursuant to its own Administrative Code and procedures, except as noted in this Agreement. b) For each professional services agreement, MWDOC will determine appropriate insurance requirements. When MWDOC requires a consultant's insurer to name MWDOC, its directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, the same requirement will be made for the City and its Council, officers, agents, employees, attorneys, consultants and volunteers. Other protections in MWDOC's Insurance requirements, including waiver of subrogation rights, will also be extended to the City when practicable. c) MWDOC shall administer such professional services agreements and coordinate all aspects of the proposed work. MWDOC shall communicate with the City regularly and upon request regarding the status of the agreement and the work for each professional services agreement in which the City has elected to participate. d) MWDOC shall invoice the City for the City's share of total costs anticipated for each professional services agreement in which the City has elected to participate, as contemplated in this Agreement. The cost allocation among participants and the City will vary by project; the basis of the cost allocation and sharing to the City shall be provided and agreed upon prior to the initiation of the professional services agreement. MWDOC shall invoice the City for the full estimated cost of such services and shall provide a reconciliation at the end of each contract. Any invoices shall be mailed by thel Oth day of each month for the preceding month and shall be paid by the City within 30 days. e) MWDOC shall inform the City on a timely basis of any proposed extra work under any professional service agreement being administered by MWDOC that would result in an increase in the City's payment under this Agreement. MWDOC shall seek input and written concurrence from the City and any other participating agencies prior to the authorization of extra work by the consultant. For the purpose of this section only, an e- mail from MWDOC staff to City staff, with an e -mail response from City staff, shall satisfy MWDOC's obligation to seek written concurrence. f) MWDOC will be responsible for all aspects of managing the consultant contract including making any payments required under the terms and conditions of the contract. 10. TERM a) This Agreement shall be effective immediately upon execution and shall continue through June 30, 2021 ( "Expiration Date "). The Parties may mutually agree to renew this Agreement for an additional five years in writing made on or before the initial Expiration Date. b) This Agreement does not authorize the programs and services in excess of six hundred and thirty thousand dollars over the five years term ($635,000) ( "Agreement Limit"), as outlined below. Page 7 of 11 25H -11 FINAL 4 -12 -16 c) If the City wishes to add any programs, activities, or studies set forth in this Agreement, notice of such additions can be given at any time acceptable to either Party. If the City wishes to delete any programs, activities, or studies set forth in this Agreement, notice of such deletions must be received by MWDOC prior to April 15th for the following fiscal year. d) The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty (30) days written notice to the other Party. In the event either Party terminates this Agreement, any funds paid by the City in the year of termination for costs that had not yet been incurred by MWDOC as of the date of termination will be subject to reconciliation during MWDOC's budget process. At that time MWDOC will determine whether the funds will be credited or refunded to the City. Further, any costs incurred by MWDOC as of the date of termination that have not yet been invoiced to the City shall be invoiced by MWDOC and promptly paid by the City within thirty (30) days. At the time of termination, the City shall remain obligated for any initiatives started that cannot be terminated without incurring costs. MWDOC and the City agree to work amicably to carry out any notice of termination. Page 8 of 11 25H -12 FINAL 4 -12 -16 11. LIMITATION OF FINANCIAL COMMITMENT BY THE CITY a) The financial limit by this agreement is outlined below. The below table provides the estimated current level of activities and projects out the future costs of these activities over the next five years, with future estimates of escalation. The limits provided below are for purposes of City Staff seeking authorization to carry -out these activities over a multiple year period and DO NOT imply any future commitment by the City to MWDOC, The City Staff will utilize this agreement, within their discretion and decision - making to engage on activities with MWDOC only as specifically outlined in this Agreement and only for the matters outlined in this Agreement. The City Staff has sole decision- making responsibility in determining whether or not to participate with MWDOC on any or none of the opportunities outlined in this Agreement. Limitation of Cost of Services Over the Next Five Years Maximum Not to Type of Service Annual Exceed Estimate Estimate Over 5 Years Water Use Efficiency WUE Programs _ ms School Education Programs _Varies $70,0000 $350,000 Water Emergency Preparedness Organization of Orange $15,000 $75,000 Count WEROC Shared Consulting Agreements $38,000 _ $199,2.00 Water Resources Planning $2,000 $10,000 Strate is Services e $2,000 $10;000 Total �� $ti35,000 12. DELIVERY OF NOTICE a) Except as expressly provided herein, all notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Party may provide in writing for this purpose: If to MWDOC: Municipal Water District of Orange County 18700 Ward Street Fountain Valley CA 92708 Phone: (714) 963 -3058 Attention: General Manager, Rob Hunter Email: Rhunter @mwdoc.corn If to City: Public Works Agency Page 9 of 11 25H -13 FINAL 4.12 -16 Water Resources Division 220 South Daisy Ave. Santa Ana, CA 92702 Phone: (714) 647 -3378 Attention: Water Resources Manager, Nabil Saba Email: NSaba @santa- ana.org b) Such notice shall be deemed made when personally delivered or emailed and shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 13. ACCOUNTING a) Upon request of the City, MWDOC will provide copies of any specified consultant's agreements, invoices and MWDOC's related payment records. 14. INDEPENDENT CONTRACTORS a) Any consultant engaged by MWDOC as contemplated in this Agreement will not be a party or third party beneficiary to this Agreement and will not be an employee or agent of MWDOC or the City, either as a result of this Agreement or as a result of any professional services agreement between MWDOC and the consultant. The professional services agreement between MWDOC and any consultant engaged by MWDOC as contemplated in this Agreement will specify that the consultant is an independent contractor. 15. INDEMNIFICATION a) When WUE Programs provided in the City's water service area require participants to sign an application form that contains a release, waiver and /or indemnification, the application form shall specify that the release, waiver and /or indemnification covers both MWDOC and the City. b) To the extent that MWDOC, including its staff or consultants, or the City, including its staff or consultants, performs any activities in connection with the programs or services provided as contemplated in this Agreement, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages, and suits arising out of the activities it performs. 16. JURISDICTION AND VENUE a) In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 17. JOINT DRAFTING a) All Parties have participated in the drafting of this Agreement. The Agreement may be Page 10 of 11 25H -14 FINAL 4 -12 -16 signed in counterpart to facilitate processing. 18. SEVERABILITY a) If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby, 19. ENTIRE AGREEMENT a) This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their authorized officers. Date: By: _ _--- Rob Hunter General Manager MWDOC Approved as to Form Date:�� Legal Counsel: Best, Best & Krieger Elm- David Cavazos City Manager City of Santa Ana Approved as to Form Date: B C Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Page 11 of 11 25H -15 25H -16 • /. f... 0 Loll 4 1 f . CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: DONATION AGREEMENT WITH SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC. TO SUPPORT THE BICYCLE TREE'S TEN -YEAR ANNIVERSARY EVENT (STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•�:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' 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 Social and Environmental Entrepreneurs Inc. for a one -time donation amount of $720, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Martinez recommends the appropriation of $720 to Social and Environmental Entrepreneurs Inc. in support of the Bicyle Tree's ten -year anniversary event to be held on Saturday, June 11, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5- Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 251 -1 Donation Agreement with Social and Environmental Entrepreneurs Inc. May 17, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $720 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez <� Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 251 -2 City Manager's Office — M -31 City of Santa Ana 20 Civic Center Plaza ` Donation Request P.O. Box 1988 -` Santa Ana, CA 92702 ,y,_ (714) 647 -5200 Contact Information Name, rPaul Nagel title: Project Director atlrass: 811 N. Main St. T ity, state, zip: Santa Ana Pbone: (714) 213 -0654 Email: paul @thebicycletree.org fFax: f Organization Name: Social and Environmental Entrepreneurs - The Bicycle Tree Tax- Exempt Status: Is your organization a non - pro fit or public tax - exe organiza mpt tion as defined under Section 501(c)(3) of the Internal Revenue Code? el elect One: W� Yes ❑ No If No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees, ^T staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if raxeO 95- 4116679 approved, credit may or may not cover full cost of requested City services. : Donation Ci ty Services Credit mount Requested: $ ]2Q,QQ Date Needed: ( 4/25/16 �' rIMa or /Councilmember: l Y Martinez Direct Payment Amount Ir� Event Date: l�6/11/16 �r2 Event Time: 6 m p Requested: g -fT � Main St, Santa Ana, -C'A 927O'i vant uocaeon: [Address, City, State, Z(p We will be having a modestly -sized event with live amplified acoustic music and booths for Description of local organizations in celebration of The Bicycle Tree's ten year anniversary. The amount Event 1 Purpose: requested will go toward the Planning Division's Land Use Certificate fee (Category 2) and Police /Fire Dept. fees. Music will be performed on enclosed patio, booths in parking lot. �— We are a volunteer - powered nonprofit working together to make Orange County a better place to be a bicyclist. We do Community Benefit: this is by helping bicyclists fix their own bikes, teaching bike repair, maintenance, and other bike - related subjects in our classes, advocating locally for bike - friendly infrastructure, donating bikes to those in need, a variety of fun activities it group rides, and our Wrench & Ride bike education program. Applicant Signature. �1,1LL �lQ� (Date: 4 -19 -16 Retum completed via- Mail: City Manager's Office —M -31 Email: tlonationrequest @santa- ana.org W 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #:_ Council Meeting Date: Reference tt on aq related Ory Eligibility Met: YES / NO Approved Amount: __.- --- City Manager Signature: ( _ Date III EXHIBIT 1 Revised 1 111 612 01 5 'loll 251 -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 17, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROMOTING AWARENESS OF BICYCLING, BICYCLE REPAIR AND MAINTENANCE, AND BIKE EDUCATION ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will HELP SUPPORT ACTIVE TRANSPORTATION, SUCH AS BICYLING, IN SANTA ANA AND ORANGE COUNTY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of SEVEN HUNDRED TWENTY DOLLARS ($720) for an ongoing program, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of EXHI IT 2 25� -5 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 251 -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: 0 Maria D. Huizar Clerk of Council Approved as to Form: By W4 YI v. 7 m M. Futile Assistant City Attorney SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC. a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title IAI T� 251 -8 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: DONATION AGREEMENT WITH SANTA ANA PONY BASEBALL, INC. TO SUPPORT THE MLB PITCH, HIT, RUN AND FAMILY FUN DAY EVENTS (STRATEGIC PLAN NO. 5,4) J CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: QW00TOlwal ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 "d 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 Santa Ana Pony Baseball, Inc. for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Tinajero recommends appropriating $1,000 to Santa Ana Pony Baseball, Inc. to support their MLB Pitch Hit, Run and Family Fun Day events that were held on Sunday, April 3, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5- Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25J -1 Donation Agreement with Santa Ana Pony Baseball, Inc. May 17, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilmember Tinajero's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25J -2 City of Santa Ana sty n a2 ClWo oef r©;P tl Donation Request P.O. sox 1988 Santa Ana, CA 92709 / 6474200 ' Gorl Information es /Fernando Gonzalez Ine: Prealdent/ ireasurer fAdareas; 1800 N. Bristol St, Suite 0423 fCily, staler zip: Santa Ana, CA, 92706 ---- ----------- .._......., IPnona:.,., rv,., h....,.........,.,.. �.......,„w ............._,.,. Emaiu -----•' 'pr951dent�san'-- ----____,_,,._ taan...... com Pa =: - -- -- -- -- -- All; Pony Baseball, Inc. -- -- ----- ----._ --.- ._......_.........- ......�. .. ... TgX,VXenrpt Status: Is your oroenimtlon a non -profit or public tax- exempt organization as 5e act.Ona: I y hj defined under Section 501 0 3 of the Internal Revsnve Code? Yes No OO u _� Mo, you will only quadfl, for a credit ror Cify-relatad oosls for your ropuosf 4.e. pormlt loos, If Yms, staff 61 rental rates for faculties or oquipmont, atoJ.Costs For Cliy "Moos very and If I 054416 approved, cradit mayor may not cover full cost of requeatod Cty servlcos. I• Y . F tmonnE Requested; ,.,. �mount Requested; Orodl; �,..,.,...._._... —. $ Date Needed: r_� ...... .......r.....,....� MoyorlCeunoilmembor; Tinalero f lrsctpaylnont Amount. l.... • "- .- - -�� 81000,00 Event Date: _I_..........ime:_ 04/03/2016 y EvenETima; -- �af1'7 i0 3prn aquosted: Event Leeatiom Jerome Park, Santa Ana, CA 92704 - Address, Cify, Sfafe, Ztp • - -- Doscrlpdon of EventlRUrposo: -- --ports to Joint partnership p p y obeli and the City of Santa Ana Youth Sports to MLB Pip between Santa Ana Po with s hold g e Santa Ana Pony Baseball "Family Fun Day ", This event brought families from Santa Ana together to celebrate and share in their youths sports achleveri F"Munitynent: through the Family Fun Day. Kids had a chance to participate In the MLS Pitch, Hit, Run event, and to come out and stay active with all of the special booths and activities sai by Sallie Ana Pony Baseball. +p,— I••. -_...- IAPpIiAPRt1.�Ptyrai' r Tr r l -'— „i4r1f "�{:1 i eirh 7 p P J n , y r Y p r ' � t'. I 1 a 'i� p T� Oeturn .r corripletedf form Mail: City Managarls Offlco --M -31 Email; donationrequ®st @santa•ana,ors 20 ClAo Center Plaza Pax: (714) 847.8954 P,O, Box 1988 Santa Ana, CA 02702 y 1 �' l :fe.' T ll,,,, _.I iur 4^ ft41 M1� qtr Y 4. Itt.IM` 1 iY:i4 Illl Y' l: �` n 1"t ,r N,, r Donation Request 9; OR • council Meeting Date; Roi roaoo It w bli rel.rad Dfws _ Eligibility Met; YSS,NO Approved Amount; cit y Manager - ... ._....... - -, �_._ .... .... ....._. _. .. .__ _. g 8 i g natur e: Dow: Revised 11118/2015 TO/To MVd 301dd0 6Ntf3Q R5v —3 C9tZbZ6646 •f6:0T 9103/0Z/40 25J -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA PONY BASEBALL, INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 17, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA PONY BASEBALL, INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A YOUTH SPORTS ACHIEVEMENT EVENT ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public PuMose. The City, by recommendation of COUNCILMEMBER SAL TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will HELP PROMOTE SPORTS AND AN ACTIVE LIFESTYLE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an ongoing program, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, _ losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 25J -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of Council Approved as to Form: By: rr/w IVL" M. Funk Assistant City Attorney SANTA ANA PONY BASEBALL, INC. a 501(c)3 NON- PROFIT ORGANIZATION By: Signature Name Title ME 25J -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION TO SUPPORT A COLLEGIATE WRESTLING PROGRAM AT SANTA ANA HIGH SCHOOL (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•0:• o ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d 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 Santa Ana Athletic Foundation for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Amezcua recommends appropriating $1,000 to Santa Ana Athletic Foundation to support an ongoing collegiate wrestling program at Santa Ana High School, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25K -1 Donation Agreement with Santa Ana Athletic Foundation May 17, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015 - 62300). The $1,000 will be spent from Councilmember Amezcua's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez c�(L Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25K -2 714 - 567 -4997 City of Santa Ana 1 Donation Request (Name: (Scott Glabb ddrass: 1137 f'itcaim Dr clty, state, zip: Costa Mesa, CA 92626 Name: (Santa Ana Athletic f=oundation TaXEaampt Status: Is your organlzetlon a non -profit or public tna tanned under Section 801(0)(3) of the Intemal Revenue Code? It No, you Wnl only quelify for a credit for Clty- refoled costs for y delldme, rental rates forlsoNtlesoroqulprient ela).Costsfor tpproved, 010dlt may ormay not cover lull cost ofrequested City 07:42:15 em. 04 -26 -2016 1 /1 City Manager's Office- M -31 20 Civic Center Plaza P.O. Box 1808 Santo Ana, CA 02702 (714) 647.5200 Coach - axempc orgenasuon as S Select Ono: ❑ ❑ ®Yea No 'v1YVY tRequoVs1 tWaYd'• : Date Needed: 1611712016 tMa y ar /Councamomber: Amezcua aaymont Amount 1000.00 Itetl: avant beta; TlleS & Thin"$ EvantTime: �:OOPM �. Santa Ane hllOh .aC8110 S21 Walnut al City State,, Zip Santo Ana CA 92020 Won i7d �uYprttsa 5� #nl'� orgafi1zaflottl§io'�Fomote a spor�f of cell® 8TS wres_ffi g:'fha programs oleo of esire Is to foster local, state and national amatuer competitlon and to train and teach youth the Purpose, sport of wrestling. Their is no cost to youth to participate in this program and runs year round. Mall: City MAnagaes Ofgce -M -31 20 Clvlo Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Rmquest M aurorundn 4 on 01 rrlalue D Eligibility Met: -- city Manager eigtnature: and Werven0on act Weas. WO am bR- YESfNO e1888youa9 men and warnm and In rolum Email: donatlonrequestcteanta•ane,org Fax: (714) 647.6054 Caun011 Meeting Date: - ...,- �...._._._ Approued Amount:_..., Date; Exhibit J 25K -3 e mat P-1dan - mmunlly. Revised 11/10/2018 25K -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 17, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA ATHLETIC FOUNDATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in SUPPORTING A COLLEGIATE WRESTLING PROGRAM ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will HELP SUPPORT THE COMMUNITY THROUGH EARLY PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an ongoing program, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. Exhibit 2 25K -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the 25K -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 individuals who Have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA M Attest: By: David Cavazos City Manager Maria D. Huizar Clerk of Council Approved as to Form: By: � 6& M. Funk Assistant City Attorney SANTA ANA ATHLETIC FOUNDATION a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 25K -7 25K -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -14 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 - HA NGUYEN, APPLICANT (STRATEGIC PLAN NO. 3,2;) (Di�z L / CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on t t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -14 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on April 25, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -14 as conditioned which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of beer and wine with food service at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106 in the Arterial Commercial (C -5) zoning district. The Planning Commission added a condition to have a private security guard serve on duty until the end of business operations. These hours will be adjusted to correspond with the hours of operation as needed (Exhibit A). DISCUSSION Ha Nguyen, representing Roberta Hurtado of Restaurant Acapulco, is requesting approval of a conditional use permit (CUP) for an ABC license to allow the on- premise sale and consumption of beer and wine at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106. The applicant is pursuing tenant improvements to occupy an adjacent space to its current location at Unit 108 and vacate its present location. Units 106 and 107 will be consolidated into a new restaurant space with approximately 1,913 square feet of interior kitchen and service area. The site, located on the northeast corner of West McFadden Avenue and South Sullivan Street, contains approximately 17,947 square feet of commercial square footage and a total of 16 tenants. Under the name Taqueria Acapulco, the restaurant has been located in the same building for the past 20 years and intends to expand their operations by moving to a larger space. A condition of approval has been placed on the CUP to maintain compliance with signage standards, pursuant to Chapter 41, Article XI, Division 2 of the Santa Ana Municipal Code. Other conditions of approval were added to ensure safety and operational standards for on- premise sale of alcoholic beverages. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2016.14 — Restaurant Acapulco ABC — 2429 West McFadden Avenue, Unit 106 May 17, 2018 Page 2 TR IEgIC PLAN A619NMCNI Approval of this item supports the City's efforts to most Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. PG:rb WPQuarralPmJast4U429 W M&FAPQRNlaupla•1A 2428W Waddanm 31A-2 i a ` Ir Iv FOR M i�Ae11S1111Fi"SsIi?tTt tt�tli;'°i_.yFr ?ildit ��li [� �1�t� APRIL FOR CONDITIONAL USE PERMIT NO. 2016 -14 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 (STRATEGIC PLAN NO, 3,2;) Prepared by Pamela Guerra Executive Directory �f f0 M_1d11Rt<Ft'{lit/lilUT &S113Ff1vtE APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manar��` RECOMMENDED ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016 -14 as conditioned. Request of Applicant Ha Nguyen, representing Roberta Hurtado of Restaurant Acapulco, is requesting approval of a conditional use permit (CUP) for an Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of alcoholic beverages at Restaurant Acapulco located at 2429 West McFadden Avenue, Unit 106. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Restaurant Acapulco is pursuing tenant improvements to occupy an adjacent space to its current location at Unit 108 and vacate its present location. The restaurant will be consolidating Units 106 and 107 into a new restaurant space with approximately 1,913 square feet of interior kitchen and service area. The site contains approximately 17,947 square feet of commercial square footage and contains a total of 16 tenants. The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The parcel is located within the Arterial Commercial (C5) zoning district. The Arterial Commercial zoning district allows eating establishments by right, making Restaurant Acapulco's use consistent with the zoning designation. Surrounding land uses include single - family residential uses to the north and east, a mixture of residential and commercial uses to the south, and commercial uses to the west (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 CUP No. 2016 -14 April 25, 2016 Page 2 Restaurant Acapulco is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC) license for the on- premise consumption of alcoholic beverages to patrons at the restaurant. Pursuant to SAMC Section 41 -196, eating establishments wishing to sell alcohol to diners require approval of a CUP; however, the use of the property as an eating establishment is permitted by right. The tenant is currently in the process of pursuing tenant improvements to move from the current location at Unit 108 to an adjacent location which will combine Units 106 and 107. The resulting reconfiguration will contain an occupant capacity of 49 persons. A restaurant and a retail space currently occupy Units 106 and 107, respectively. The property owner intends to surrender the existing CUP for Unit 108 and will submit a letter to the Planning Division stating their intent. Overall alcohol storage and display areas will consist of less than five percent of the floor area, which is consistent with the standards contained in the SAMC (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 8:00 a.m. to 10:00 p.m. on Mondays through Thursdays and 8:00 a.m. to 12:00 a.m. on Fridays through Sundays. The restaurant also plans to host live music and has been approved for a Category 2 Entertainment Permit. Prolect Backaround Restaurant Acapulco will occupy a unit in the McFadden - Sullivan Center, an existing commercial development constructed between 1986 and 1988. Under the name Taqueria Acapulco, the restaurant has occupied Unit 108 for the past 20 years and will be moving to a new space in the same building, The development contains 16 commercial units, two of which will be consolidated to create the new space for the restaurant. Uses for the other units in the development include retail businesses, offices, and a laundromat. The applicant filed CUP No. 99 -18 in May 1999 to allow an ABC license for the restaurant's current location at Unit 108. As conditioned, the applicant will surrender CUP No. 99 -18 for Unit 108. This will keep the number of allowable ABC licenses at the same amount. A family -owned Mexican restaurant, Restaurant Acapulco has been a part of their community for the past two decades. The intent to expand the operations by moving to a larger space speaks to the success of this particular business. The applicant will be applying for an ABC license, which authorizes eating establishments to sell beer and wine for consumption on or off the premises where sold. The previous location also held an ABC license. 31A-4 CUP No. 2016 -14 April 25, 2016 Page 3 Proiect Analvsls Conditional use permit requests are governed by Section 41 -638 of the SAMC; Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing these conditional use permit requests, staff believes that the following findings of fact warrant approval of the CUP. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP for this space will allow the restaurant to continue its established function within this neighborhood as a well- known, family -owned eating establishment. Moreover, the proposed license will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to the maintenance and viability of the commercial development in which it is located, Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses (Exhibit 6). Police Department Analysts The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations, 31A-5 CUP No. 2016 -14 April 25, 2016 Page 4 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 2429 West McFadden Avenue is located in Reporting District No. 106. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that since this business will surrender their existing ABC license upon relocation to the space adjacent to their current location at Unit 108, the move from one unit to another will not cause any further demand on services in the area. In addition, the Police Department contends that the proposed conditions of approval and operational standards will mitigate any potential negative impacts to the surrounding community. As a result, the Police Department is supportive of the applicant's request. Public Notification The project is located within the boundaries of the Bella Vista neighborhood. Staff contacted the president of the Bella Vista Neighborhood Association to ensure that the neighborhood was notified of this project and to Identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received. M Restaurant Acapulco is an existing facility applying for a conditional use permit to allow an ABC license to have beer and wine consumption on site. It has been found by the City's development review agencies that the granting of this ABC license will not create any adverse impacts. Restaurant Acapulco is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the land use is allowed by the Santa Ana Municipal Code, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled 31A-6 CUP No. 2016 -14 April 25, 2016 Page 5 pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. General Rule Exemption Environmental Review No. 2016 -23 will be filed for this project. • _ •,►,11.1 Approval of this item supports the City's efforts to meet Goal No, 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -14 as conditioned. Pamela Guerra Planning Technician PG:jm $ :PGuerra1Projeds\2429 W MCFADDEMcup18 -14 2429 W Waddeo.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 -- Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-7 FIRST ST. cz CZ - -+ - - ry e QiMI; C7 1Rd IND 1 t 2 `Ij ��iMUI s Ilil II II C2 r R1 11 - i 1 Rj Rl R3 3R2 R2 's R2 ' 0 s RI r7 NI m 21R7 E w. _ N1 fll }I' A FI m R1 Q alp R1 R3 " R7 T .Rim ry ono x..: 0 Rl ;.R7 d wni I R1 R3 - xR71'- "w Gsn sr R1 [ R3 R3 - RI a RI —. C4 A \ a 0 r fl3 bC l TI l ti RI ft1 al F OJECT5 r-- , R' Rl — rtl Rl� Rl ,nlili� s 141 �ffIIIm��yyfwfIIn, n, Cl n °� Rl R2. 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CHURCH - w MULTI- FAMILY "' `u <C z w &:AMILY z - z w W p COMMERCIAL PROJECT SITE SINffNE FAM R E I D McFADDEN AVENUE { S, R. w COMM, S.F.R. w z O v � M.F.R. w > w z w 1 v W >z v d LINGAN LANE J z �✓ .- � N W <. N z G SI GL F- '^"' W F A M I L Y R E S I D E C E r C7 C7 KlIDJE7CECOMM . . - - CUP 2015 -14 RESTAURANT ACAPULCO ABC LICENSE (P A, 2429 WEST McFADDEN AVENUE, UNIT 106 P -LA N N N G A N O B U I L p i N G A G E N C Y LAND USE MAP EXHIBIT2 CUP 201614 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 SITE PHOTOS EXHIBIT 3 31A -10 CUP 2016.14 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 SITE PLAN EXHIBIT 4 31A-1 1 CiOMGE rn <as roa roaa viwe � Bpn / "3nr N30P6'l3N Mazaa 1 4 � 'r' f:i-971%dYJV.,CN'VEPJH[rl.S3Ll TENANT SPACE =1913 SO FT LIQUOR STORAGE = 23.5 SQ. rT 123% III bI5pLAV 15 ,� CUP 2016.14 RESTAURANT ACAPULCO ABC LICENSE 2429 WEST McFADDEN AVENUE, UNIT 106 FLOOR PLAN EXHIBIT 5 31A -12 LS 4.25.16 RESOLUTION NO.2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -14 AS CONDITIONED TO ALLOW AN ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 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. Applicant is requesting approval of Conditional Use Permit No. 2016 -14 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at 2429 West McFadden Avenue, Unit 106 B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of alcoholic beverages that is ancillary to the primary restaurant use. C. On April 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -14. D, The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -14 to allow the ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards and conditions are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2016 -xx Page 1 of 5 31A -13 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed ABC license will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead permit the restaurant to maintain its established function in the neighborhood as a well- known, family -owned restaurant. Restaurant Acapulco has been a part of the community for the past two decades, and the intent to expand the operations by moving to a larger space speaks to the success of this particular business. The granting of the CUP for this space will allow for Restaurant Acapulco to remain economically viable and to continue fulfilling its role as a beloved eating establishment in the community, 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is consistent with the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Resolution No, 2016 -xx Page 2 of 5 31A -14 Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions and operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses, The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3). This exemption applies to projects 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. The project proposes to allow the on- premise sale of beer and wine at a full- service restaurant within an existing structure. Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -14 as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 25, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016 -xx Page 3 of 5 31A-15 ADOPTED this 251h day of April 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2016. Date: Acting Recording Secretary City of Santa Ana 31A -16 Resolution No. 2016 -xx Page 4 of 5 e Conditions for Approval Conditional Use Permit No. 2016 -14 for an Alcoholic Beverage Control license is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All signage on the property must be brought into compliance with the standards set in Chapter 41, Article XI, Division 2 of the SAMC, as well as the McFadden - Harbor Business Center Sign Program (Sign Program No. 2001 -2 ). 2. The applicant will surrender CUP No. 99 -18 for Unit 108, as agreed upon for planning approval of the Certificate of Occupancy for Unit 106. The applicant will also contact the Department of Alcoholic Beverage Control to withdraw the active ABC License for Unit 108. Resolution No, 2016 -xx Page 5 of 5 31A -17 31A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: TENTATIVE TRACT MAP NO. 2016-01 (COUNTY MAP NO. 17982) AND iNCLUSIONARY HOUSING AGREEMENT TO ALLOW A SUBDIVISION FOR 30 CONDOMINIUM UNITS AT 1406 NORTH HARBOR BOULEVARD - KiM PRIJATEL, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 6; 6, 3,4) Cl 'Y'f41ANAGER CLERK OF COUNCIL USE ONLY: • • +R As Recommended As Amended [] Ordinance on 1N Reading [] Ordinance on 2 "d Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2016 -01 (County Map No. 17982) as conditioned, 2. Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Santa Ana 6 Inv„ LLC for the construction of six (6) affordable units for the residential development located at 1406 North Harbor Boulevard, subject to non - substantive changes approved by the City Manager and City Attorney, At its regular meeting on April 25, 2016 by a vote of 7:0, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2016 -01 (County Map No. 17982) as conditioned to subdivide an existing parcel into 38 condominium units for townhome residences at 1406 North Harbor Boulevard located in the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant proposes a condominium subdivision in conjunction with a 38 -unit multiple- family residential development. All units will take access from a single private lane off Harbor Boulevard, and four units will have frontage directly onto Harbor Boulevard, A tract map Is proposed for the project that will allow the sale of the 38 residential units as condominiums, In addition to the construction of the units, existing Infrastructure in the area will be upgraded to service the project, These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and removal of existing driveways, all per City standards, Full -sized site plans are available for public viewing In the Clerk of the Council Office, 32A -1 TTM No, 2016 -01 -- Subdlvlslon for Condominium Units & Incluslonary Housing Agreement -- 1406 North Harbor Boulevard May 17, 2016 Page 3 In addition to the action taken by the Planning Commission, the applicant Is proposing to satisfy the Housing Opportunity Ordinance (HOO) by providing inclusionary units on -site. In the case of this project, the applicant must provide six (6) for -sale units (15 percent of 38 total units) meeting the affordability guidelines for Moderate income. The applicant is required to submit both an Inclusionary Housing Plan and Incluslonary Housing Agreement to be approved by the Community Development Agency and the City Council (Exhibits B & C). The Incluslonary Housing Agreement will also be recorded against the property. Under the revised Ordinance, projects that submitted an application that was deemed complete prior to August 4, 3015 are considered "Pipeline Projects ". in Section 41.1910(b) of the revised Ordinance, pipeline projects "may either construct the incluslonary units pursuant to the prior Housing Opportunity Ordinance (Ordinance No. NS -2925) or pay an In lieu fee calculated by the formula under the prior Ordinance or request to revise its Incluslonary Housing Plan and /or Inclusionary Housing Agreement and pay an in -lieu fee of $9,35 per square foot of habitable space for the entire Project's inoluslonary housing obligation." The City Ventures North Harbor Project application was submitted and accepted on July 29, 2015. The Developer has elected to construct inclusionary units under the prior Housing Opportunity Ordinance (Ordinance No. NS- 2825), which allows for ownership inclusionary housing units to be sold to moderate income households. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #5 (leverage private investment that results in tax base expansion and job creation citywide); Goal ##5 - Community Health, Livability, Engagement & Sustainability, Objectives #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), and Objective ##4 (support neighborhood vitality and livability). There is no fiscal impact associated with this action. a x { r M a AP:rb aplMARopotte4taff Reports for COMM78 -09 City Ventures North Harbor= Exhibit: A. Planning Commission Staff Report E. Inclusionary Housing Plan C. Inclusionary Housing Agreement Robert Cortez Special Assistant to the City Manager City Manager's Office 32A -2 REQUEST FOR APRIL 25, 2016 TITLE: PUBLIC HEARING — FILED BY KIM PRIJATEL FOR TENTATIVE TRACT MAP NO. 2016 -01 (COUNTY MAP NO. 17982) TO ALLOW A SUBDIVISION FOR 38 CONDOMINIUM UNITS AT 1406 NORTH HARBOR BOULEVARD (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4) Prepared by All Pezeshkpour ` Exe ve Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED IJ Applicant's Request 0 Staff Recommendation CONTINUED TO Planning Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Tract Map No. 2016 -01 as conditioned. Request of the Applicant Kim Prijatel with City Ventures, representing Diana Takenaga, a trustee of the Takenaga Trust, is requesting approval of a tentative tract map to subdivide an existing parcel into 38 condominium units for townhome residences. Applications for subdivisions over four parcels require approval of a tentative tract map by the Planning Commission pursuant to Section 34 -127 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project site consists of a single, 2.01 -acre parcel on the west side of Harbor Boulevard between Washington Avenue and Century Boulevard, just south of Westminster Avenue. The project site is flat and rectangular in shape. The lot is currently developed with three small commercial structures and is used for automobile sales. The majority of the parcel stretching away from Harbor Boulevard is vacant and unimproved. Land uses surrounding the site include multiple - family residences to the north and south, single - family dwellings to the west, and commercial land uses to the east across Harbor Boulevard (Exhibits 1, 2, and 3). The General Plan land use designation for the site is Urban Neighborhood (UN). Urban Neighborhood land -use districts allow a mix of residential uses and housing types, such as low to mid -rise multiple family dwellings, townhouses and single family dwellings, with some opportunities for live -work, neighborhood serving retail and service, public spaces and uses, and other amenities. The project site is consistent with this General Plan land use designation. The project site is located within the Corridor district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). The Specific Plan allows for residential developments, making the subject application consistent with the zoning designation. EXHIBIT A 32A -3 VTTM No. 2016 -01 April 25, 2016 Page 2 Subdivision Summary —The applicant proposes a condominium subdivision in conjunction with a 38- unit multiple- family residential development. All units will take access from a single private lane off Harbor Boulevard, and four units will have frontage directly onto Harbor Boulevard. A tract map is proposed for the project that will allow the sale of the 38 residential units as condominiums. Existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and removal of existing driveways, all per City standards. Development Summary — The project proposes 38 townhome residences constructed as tuck -under units or in a courtyard style with common areas to serve the residents of the development. Of the 38 residences, eight are proposed to contain two bedrooms with 1,215 square feet. The remaining 30 are proposed to contain three bedrooms with 1,477 to 1,751 square feet. Some of the three bedroom units will also contain the option for a den or fourth bedroom. Each residential structure will take vehicular access from private alleys and will contain two -car garages. With the exception of the four units containing frontage on Harbor Boulevard, all units will face common area courtyards and paseos. The four units on Harbor Boulevard will contain enclosed front -yard patios to establish additional privacy for the residents and to enhance the structure's presence on the surrounding streetscape. To generate the sense of a traditional courtyard -style residential neighborhood, a single architectural style is proposed for the structures, with variations in color and materials among each style to enhance the uniqueness of each entry. The project will provide 76 parking spaces inside garages, and an additional 19 spaces on surface parking along private streets, for a total of 95 on -site parking spaces. The proposed parking exceeds the minimum 67 parking spaces that are required by the Harbor Mixed Use Transit Corridor Specific Plan. Guests and visitors will be able to park in parallel parking spaces on the private lane, and a disabled - access parking space will be provided adjacent to the primary common open space area. Access to the project will be provided from a single entrance on Harbor Boulevard. No gates or other private entries are proposed at this time. A variety of open spaces are planned for the development. Exterior amenities include a recreation area, courtyards and paseos. The primary recreation area will feature a barbecue area, tot lot and playground equipment, small lawn, and tables and benches. A small dog park, basketball court, and landscaping are proposed at the secondary open space area in the western area of the project. In addition, courtyards and paseos will provide additional open space areas and will be programmed with amenities for passive recreation (Exhibits 4 and 5). Inclusionary Housing — The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains inclusionary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41 -1900 at al.). The applicant is 32A -4 VTTM No. 2016 -01 April 25, 2016 Page 3 requesting approval to subdivide the property to allow the sale of condominium units at market rates. In accordance with the HOO, the applicant has submitted an inclusionary housing plan to provide six units on the project site (SAMC Section 41 -1900 et al.). Project Background In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan, which replaced the North Harbor Specific Plan and allows for a greater amount of residential, commercial, and mixed -use projects in the Specific Plan area. Following the Specific Plan's adoption, the applicant submitted plans for a residential community on the project site. After working with staff to comply with the provisions of the Harbor Plan, and after receiving feedback from the community about the scale of the proposed project, open space, and traffic and ingress /egress, the applicant revised the plans. The revisions resulted in an alternative, more contemporary architectural style to reduce the massing and height of the structures, additional open space areas at the rear and central portions of the project site, and enhancements to the Harbor Boulevard- facing units. The current proposal provides a courtyard - style, medium - density residential neighborhood to assist with blending in with current development patterns in the project vicinity. Project Analysis Tentative tract map requests are governed by Section 34 -119 through 34 -318 of the SAMC. Tentative tract map requests may be granted when it can be shown that the proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans; that the proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances; that the project site is physically suitable for the type and density of the proposed project; that 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; that the design or improvements of the proposed project will not cause serious public health problems; and that 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. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code, as well as the provisions of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). Further, approval of the map will be consistent with the goals and policies identified in the City's General Plan. 32A -5 VTTM No. 2016 -01 April 25, 2016 Page 4 The proposed subdivision is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). Moreover, the proposed subdivision conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions and is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. In addition, there are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 2.01 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. Access to the site will occur from a single point on Harbor Boulevard. The proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment duality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. In addition, the proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in the EIR and conditions of approval for the subdivision map. Finally, 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 since there is no public access easement located within this property. Public Notification On August 20, 2015, the applicant held a community meeting in accordance with the provisions of the Sunshine Ordinance (Ordinance No. NS- 2838). Approximately six local residents and property owners attended the meeting, as well as the project developers, architects and City staff. Attendees asked questions on topics such as parking, traffic and ingress /egress, open space, and the scale of the overall development. Following the meeting, the applicant provided an affidavit to City staff containing meeting information, minutes, and a statement that the meeting was held in compliance with the Sunshine Ordinance's requirements. 32A -6 VTTM No. 2016 -01 April 25, 2016 Page 5 The project is located within the boundaries of the Riverview West Neighborhood Association. Staff contacted the president of the Riverview West Association as well as the nearby Santa Anita Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. Neither president identified any concerns with the proposed project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No. 2016 -01 as conditioned. Ali Pezesh AICP Senior Planner AP:jm ap \MAReports\Staif Reports for PC\irM16 -01 City Ventures North Warbortic 32A -7 VTTM No. 2016 -01 April 25, 2016 Page 6 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Building Elevations Exhibit 6 — Tentative Tract Map 32A -8 SEVENTEENTH ST. ' SP -2 ,r..- r7 =rcr� 50-2 R1 Ij i I arr Rt ^, F�n�,m I n (E _ PI Rt M1 w1116IJ1.A.1 $ ` 9, •ae- ___C_r :pi t sp- x, T RI Rt R Hi $ SP- i 12 R2 z m R, ,� a ZAPD AV. O sp- P2 R2 z ,t Ri Y� 2 "5P -j ii NI I: II R-0 -FRp Sr -rf -- 71 ^ter -, %-j Rt II _I Imo__ swx srvz sr- Rt xi D swz sr.2 swz SP- up Al _ RZ I Sp It t 1 1 2 —H2 R2 4"'m t -3& ii p j PRO �___Ii r m R2 . 2? R2 H2 T Rz Rz :RZ Rz .. 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C �y II § 9�4 �' Vn�V � VaV •� _� 0 I s' I I _ O N a asa d A A A A A A A 1GS EXHIBIT 4 L L3 L-1 a 1J1—IiL_l Ott i 32A -12 ilr rr rr r77 u v v u 11 r v a v' "` _ d3 F a 3}fia� pA� ?.b 3a�a, iAAall � :■ W d W U ��'u _i E uqqqq I asa EXHIBIT 4 32A -12 :■ W d W U WIN big aal i�� a r�r a L •l r� ftwx �s is UK � p im l r 0 _ E, °s C ra INK 4 WK MW JFM m ae INK —, Iffs EXHIBIT 5 - t 32A -13 Yi W z cr) LL 0 — 0< CL O lJJ ozo > Q< Z<� Z RLL W 0 1-6 v. a 6,�' , Ot" 77 9,2 I, r 3� aM, FA, 2A 3:fK34'5 PIA 91 a 14, 11% 1p 3 iz 7 i9 pi N�4 I " mg 8 r7 rgtai fl Gi LS 4.13.16 RESOLUTION NO, 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2016 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1406 NORTH HARBOR BOULEVARD 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. Applicant is requesting approval of Tentative Tract Map No. 2016 -01 to allow a subdivision of a single parcel into 38 condominium units at the property located at 1406 North Harbor Boulevard. B. Tentative Tract Map No. 2016 -01 came before the Planning Commission of the City of Santa Ana on April 25, 2016, for a duly noticed public hearing, C. Applications for residential subdivisions of over four (4) units require approval of a tract map by the Planning Commission pursuant to Santa Ana Municipal Code (SAMC) Section 34 -127. D. For Tentative Tract Map No. 2016 -01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. That the proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, Tentative Tract Map No. 2016 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. This 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 and townhouses, The proposed project is consistent with these principles. Specifically, the proposed subdivision is Resolution No. 2016 -xx Page 1 of 6 32A -15 3. consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City) and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). That the proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision, as conditioned, conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Tentative Tract Map No. 2016 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. The project is located within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which permits multiple - family dwelling projects such as the proposed subdivision. The project conforms to all standards of the SP -2. Moreover, covenants, conditions and restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. That the project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 2.01 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. The site is a flat, rectangular parcel in an urbanized area with no significant constraints that preclude the proposed subdivision and project. Access to the site will occur from a single point on Harbor Boulevard. That 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 proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up 32A -16 Resolution No. 2016 -xx Page 2 of 6 to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. 5. That the design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the tract map. 6. That 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. 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 since there is no public access easement located within this property. E. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and the associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMRP, a residential traffic study was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that are no additional significant impacts that would trigger the requirement for additional environmental review. Section 2. 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 0. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2016 -01 as conditioned in Resolution No. 2016 -xx Page 3 of 6 32A -17 Exhibit A, attached hereto and incorporated herein for the project located at 1406 North Harbor Boulevard. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 25, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of April, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2016, Date: Acting Recording Secretary City of Santa Ana 32A -18 Resolution No. 2016 -xx Page 4 of 6 EXHIBIT A Conditions of Approval Tentative Tract Map No. 2016 -01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full 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 tentative tract map, Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2015 -37). 2, Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map for condominium Purposes. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, means for securing any publicly - accessible open spaces, and maintenance of commonly -owned property, including, but not limited to: the private drives, open spaces and landscaping, roofs, structures, mechanical equipment and /or appurtenances, and lighting. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager, 4. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 5. The final map must be approved and recorded prior to the sale of the first unit. 6. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Resolution No. 20116 -xx Page 5 of 6 32A -19 7. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 8. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. Resolution No. 2016 -xx Page 6 of 6 32A -20 Project Description Proposed New Residential Development 1406 N, Harbor Blvd, Santa Ana City Ventures is proposing to develop 38 townhomes on the property located at 1406 N. Harbor Boulevard within the North Harbor Specific Plan, Corridor District. There are two product types proposed including Tuck-Under Townhomes and Courtyard Townhomes as defined in the Specific Plan. Units range in size from 1,541 to 1,925 square feet with 2 -4 bedrooms and attached two car garages (tandem and side by side). There are three main open space courtyard areas within the project including a tot lot and passive seating areas with shade trees. In order to meet the requirement of the City's Inclusionary Housing Ordinance, 6 of the homes will be reserved for moderate income households. EXHIBIT B 32A -21 1 - 7 1406 N. Harbor - Unit Matrix Plan Quantity Size Total Plan 1 12 1,541 18,492 Plan 2 8 1,719 13,752 Plan 3 12 1,812 21,744 Plan 4 6 1925 11,550 Total 38 65,538 $ 35,299.13 Base Fee (based on new fee schedule) $ 2,17532 $.1.4 /SF over 50,000 $ 37,474.45 Total based on 65,538 square feet $ 571.87 Total for Categorical Exemption $ 973.09 Difference owed from original check cut in the amount of $36,50136 for Site Plan Review $ 13.40 Difference owed from original check cut in the amount of $558,47 for Exemption $ 986.49 Total owed in addition to two checks alreadv submitted 32A -22 1 r, Planning and Building Agency Planning Division 28 Civic Canter Plaza P.O.. Box 1988 (W20) ' Banta Ana, CA 82702 l (714) 047 -$804 tvww.santa�na.org INCLUSIONARY HOUSING PLAN OWNER/APPLICANT INFORMATION Legal Owner a a kr SaY ! I �2 FGNGG`�����nr anal r Pull name of person, Finn or oral n Ph lum Area Cads Phone Number a-vlocrqyt'v�f V" Mailing Address Area Cede Fax�Nu?mbe�r � ���(_� r� Applicant_ C1� I)PL/l(lt -- �, olq a Full name Pelson, Finn or Corporation _�%L3 Area Code Phone Number 31 i IcC�o �c�tti 15 Ev'J), -d qZ(a, 2. Melling Address Area Code Fax Number dfL ZSg-7S_t a (� ��3 Lj 7z `9J �3 I Area Cade Phone Number Arefl ode Mobile Phone Number Araa Cade Fax Number Project Address: I LI U V iQ • rV � � i 4 v 6,Ki Assessor Parcel Number(s): ° 01A 3 Total number of units proposed: Number of Rental Units: Number of For Sale units:0 Number of 15% Inclusionary obligation: (2 Identify the gross livable area of the proposed project (including private balconies, decks and patios),__,_ ___.__ square feet Will the project be constructed In phases? V Yes No Is a density bonus being requested? _____ Yes — No CITY APPROVAL$ (!( applicable) INCLU5IONARY HOUSING PLAN NO. ❑ APPROVE ❑ DENY Date: Signature: Page 1 o(d 6�PIenMnglQladral- COUMer FormsWtlOepplicatlort �(va nA_Z3_ ------ __ -- - _______ HOUSING ALTERNATIVES Select the applicable alternatives to indicate how the project will comply with the inclusionary, housing requirement: on -site construction of incluslonary units In -lieu fee payment for entire obligation' In -lieu fee payment for fractional unit Land dedication Note: For development projects with more than 2a units requesting in -lieu fee payment to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable in lieu fee is to be provided with this application. Please complete the following tables) as it applies to your project proposal: Proposed Rental Housing Projects: Number of Bedrooms Unit Size (Square Feet) Number of Market Rate Units Number of Low Income Units Number of Very-Low Income,- Units Total Number of Units Percent of Total Units Studio z...__._.._ 3 I 5 ' tai ' If the calculetlon of the number of regWred InCIUMonaiy, housing units results Ina r(aeilon,tha developer has the option to (a) provide an additional inclusionary, housing unit a po) pay an In -Lieu Fee equal to the pementage represented by the tractional inclusionary housing unit mulllplled by the applicable In -Elea Fee S:plenningtCleleWCouKnr F..eIGOnpplloegn Vib Page 2 of A 32A -24 D P 1 1�5 - 3 7 Propoged QXagrshia Housing Protects: Number of Bedrooms Unit Size (Square Feet ) Number of Market Rate Units Number of Moderate Income Unit Total Number of Units Percent of Total Units Studio 1 2 3 2 2 to 4 5 _ _ Total Required Exhibits to the Incluslottary Housing Plan A. Narrative description of the entire project; B. Site plan that depicts the entire project (minimum 11" x 17 "); C. R Depidon of the location of the inclusionary housing units; and D. E� If applicable, a phasing plan that provides for the proportionate number of the total incluslonary housing unit requirement to be built within each phase of the project. E. ❑ If applicable, provide the In -Lieu Calculation Summary for the project. Page 3 of S:Plwmi.gkQI bebCou@ar Wm.%HOOopplirn , 1/15 32A- 5 OP15 -3 7 Property OWNER'S AFFIDAVIT 1 hereby cartify that I am the legally authorized owner of all property involved In this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign all documents related to this application, including any conditions or litigation measures as may be deemed necessary. I declare under penalty of perjury that the foregoing is true and correct Executed on (Date)az�� California Property Owner's Signature / „r{--'�a Property Owner's Printed Name 2- I hereby certify that the statements furnished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions, understanding the City of Santa Are cannot process this form until all applicable Information is corrected or provided by the applicant. I hereby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note; When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of peLthat foregoing i s true and correct Executed on (Date) ? ✓ Vf jo -'t , California Applicant's Signature Applicant's Printed Name _ 6 1 vtJl I �Lr y t r �i �eGt-o'�•�_�S Pane 4 of 4 5:PianningiGencal- CarAer r0(maW OQaprQCdIr00 iH5 32A -26 -- __ __ 5 1 ; l � m . � � « � . � k \ � 32A-27 �! \/) \ƒ [ { „ |!! \ 9 it( % !� � } 49 m ■ 32A -28 Order Number: OSA- 4847176 (50) Page Number; 8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: THE NORTH 145.43 FEET OF THE SOUTH 495.43 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH,RANGE 10 WEST, S. B. B. & M. PARCEL 2: AND UNDIVIDED 3 /45THS INTEREST IN THE WELL LOT IN THAT PORTION OF THE SOUTH EAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH RANGE 10 WEST, S.B.B & M., DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 9, DISTANT NORTHERLY 152 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE 89 DEGREES 25'00" WEST 367.25 FEET AND NORTH 0 DEGREES 28'00" WEST 95.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 28'00" WEST 25 FEET; THENCE NORTH 89 DEGREES 25'00" EAST 25 FEET; THENCE SOUTH 0 DEGREES 28'00" EAST 25 FEET; THENCE SOUTH 89 DEGREES 25'00" WEST 25 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THE RIGHT TO USE THE PIPE LINE RUNNING FROM THE PUMPING PLANT AND WELL ON SAID LAND TO THE EXTERIOR BOUNDARY LINE OF SAID LAND, AND THE RIGHT TO MAINTAIN, REPLACE, AND RENEW SAID PIPE LINES AND PUMPING PLANT, SAID RIGHT TO BE USED IN COMMON WITH OTHERS. APN: 198- 043 -16 firstAmericarr Title 32A -29 0 P 1 `" 32A -30 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: Housing Manager To be recorded without fee. (Space Above Thls Line For Recorder's Use Only) (Government Code, §§ 6103 and 27383) INCLUSIONARY HOUSING AGREEMENT OWNERSHIP PROJECT THIS INCLUSIONARY HOUSING AGREEMENT is dated as of May 17, 2016, 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, and Santa Ana 6 Inv.,LLC, a Delaware limited liability company ( "Developer"). RECITALS A. The City's Housing Opportunity ( "Ordinance ") was adopted by the City Council on November 28, 2011 and is codified in Article XVIII.1 Section 41 — 1900 of the City's Municipal Code. The Ordinance was amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885. B. The Developer is the fee owner of the Property located at 1406 N. Harbor Blvd, Santa Ana, California. C. The Developer desires to, at the Developer's sole cost and expense, develop a thirty eight (38) unit Project on the Property. D. On August 4, 2015 the City Council /Planning Commission approved Resolution Number , which sets forth the City Approvals for the Project. EXHIBIT C Inclusionary Housing Agreement - Ownership Project Page 1 City of Santa Ana 32A -31 E. On June 17, 2015, the Program Director, acting on behalf of the City, approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance and the Administrative Procedures Manual established by the City Council to implement the Ordinance requirements. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement, as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Inclusionary Housing Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City and the Developer, the Parties, agree as follows: DEFINITIONS OF TERMS The following words, terms and phrases are used in this Inclusionary Housing Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation. Administrative Procedures means the regulations promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual — Developer Requirements dated January 2015, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Developer of Inclusionary Units. Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordability Period shall be defined for each Inclusionary Unit in the Inclusionary Housing Covenants Declaration recorded on legal title to the Property. Incluslonary Housing Agreement - Ownership Project Page 2 City of Santa Ana 32A -32 Affordable Housing Cost means the maximum costs that can be borne by Moderate Income Household based on the requirements imposed by H &SC Section 50052.5. The calculation methodology is described in Section VI of the Administrative Procedures Manual. Affordable Sales Price means the maximum sales price that can be charged for an Inclusionary Unit. The Affordable Sales Price is equal to the lesser of: The sum of the Supportable Mortgage plus the Benchmark Down Payment; or The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to this Inclusionary Housing Agreement. The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly. Benchmark Down Payment is a component of the Affordable Sales Price calculations. For the purposes of these Administrative Procedures, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. California Health and Safety Code ( "HSC ") provides definitions of household income and affordable housing costs that are used in this Inclusionary Housing Agreement. City means the City of Santa Ana, California. City Approvals are defined as the entitlement approvals and the Inclusionary Housing Plan that must be approved by the Program Director prior to the issuance of building permits for the Project. City Council means the City of Santa Ana City Council. City Deed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration. Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section I of this Inclusionary Housing Agreement. Inclusionary Housing Agreement • Ownership Project Page 3 City of Santa Ana 32A -33 Delivery Date means the date on which an Inclusionary Unit Escrow closes and the Homebuyer acquires a fee title interest in the completed Inclusionary Unit. Developer means the developer of the Project. Effective Date means the date on which this Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and this Inclusionary Housing Agreement is delivered to the Developer. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in the Administrative Procedures. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article 1 - Section V. Fair Market Value means the value of the Inclusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. Gross Household Income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12- month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: 1. Except as provided in subdivision (2), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; Incluslonary Housing Agreement • Ownership Project Page 4 City of Santa Ana 32A -34 b. The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); C. Interest and dividends; d. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; f. Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: I. The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus ii. The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. g. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); L Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Incluslonary Housing Agreement - Ownership Project Page 5 City of Santa Ana 32A -35 Household assets means value of equity in real property other than the Household's full -time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following items shall not be considered as income: a. Casual, sporadic or irregular gifts; b. Amounts which are specifically for or in reimbursement of the cost of medical expenses; C. Lump -sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; d. Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; e. The special pay to a serviceman head of a Household away from home and exposed to hostile fire; f. Relocation payments made pursuant to federal, state, or local relocation law; g. Foster child care payments; h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; i. Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. Inclusionary Housing Agreement - Ownership Project Page 6 Clty of Santa Ana 32A -36 ii. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). Homebuyer means an Eligible Purchaser that has executed an agreement to purchase an Inclusionary Unit. Household means all the persons who will occupy the Inclusionary Unit as their Primary Residence. A child who is subject to a legally- binding shared - custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. Excluded from the definition of Household are live -in caregivers /caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household. Housing Cost means and includes all of the following costs associated with ownership of an Inclusionary Unit as defined in Title 25 of the California Code of Regulations Section 6920: 1. Principal and interest on a mortgage loan at the defined interest rate; 2. Property tax and assessments; 3. Fire and casualty insurance covering replacement value of property improvements; 4. Property maintenance and repairs; 5. A reasonable utility allowance, as determined by the City; and 6. Homeowner Association assessments and dues. HCD means the California Department of Housing and Community Development. HUD means the United States Department of Housing and Urban Development. Inclusionary Housing Agreement - Ownership Project Page 7 City of Santa Ana 32A -37 Inclusionary Housing Covenants Declaration means the Declaration of Inclusionary Housing Covenants, Conditions and Restrictions attached hereto as Exhibit 5. Inclusionary Housing Fund means a separate fund of the City which is codified in Article XVIII.1 Section 41 -1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to low and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Inclusionary Housing Plan means a plan submitted for approval to the Program Director that details the manner in which the Inclusionary Housing obligations will be fulfilled by the Project. The Inclusionary Housing Plan form is presented in Attachment B of the Administrative Procedures Manual, and also attached as Exhibit 3 to this Inclusionary Housing Agreement. Inclusionary Unit means a completed affordable owner- occupied housing unit, including the landscape improvements thereon, if any, that is made available for sale to an Eligible Purchaser. The location of each Inclusionary Unit in the Project is shown on Exhibit 3 to this Inclusionary Housing Agreement. Incluslonary Unit Escrow means the escrow transaction by and between the Developer and each Homebuyer, through which the Developer shall transfer fee title in each completed Inclusionary Unit to an Eligible Purchaser. In -Lieu Fee refers to a fee that may be paid by the Property Owner in specific circumstances in lieu of providing Inclusionary Units within a Project. These circumstances are identified in Section II -A of the Administrative Procedures Manual. The In -Lieu Fee calculation worksheet is updated quarterly. The current Affordable Housing In -Lieu Fee calculation worksheet schedule is presented in Attachment J of the Administrative Procedures Manual. Market Rate Unit means any unit in the Project that is not restricted for ownership and occupancy by Eligible Purchasers. Median Income is calculated by HCD using non - aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa Ana is Orange County. The current household income information is presented in Attachment I of the Administrative Procedures Manual. Incluslonary Housing Agreement - Ownership Project Page 8 City of Santa Ana 32A -38 Moderate Income refers to Households whose incomes meet the standards defined by the H &SC Section 50093. Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income, Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011, and as amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885, which is codified in Article XVIIIA Section 41 -1900 et seq. of the City's Municipal Code. Owner means the current owner of an Inclusionary Unit. Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement. Program Director has the day -to -day authority for making determinations related to the Ordinance and Administrative Procedures Manual. The Program Director will be appointed by the Executive Director. Project means the owner - occupied housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property, as shown on Exhibit 2 attached to this Inclusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this Inclusionary Housing Agreement. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate. See Section VI-13 of the Administrative Procedures Manual for an explanation of the calculation methodology. Inclusionary Housing Agreement - Ownership Project Page 9 City of Santa Ana 32A -39 Incluslonary Housing Agreement - Ownership Project Page 10 City of Santa Ana 32A -40 ARTICLE 1 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE; RECITALS; AND EXHIBITS 1. Parties to this Inclusionary Housing Agreement -A. City. The City is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana Community Development Agency 20 Civic Center Plaza, M -25 Santa Ana, California 92701 Attention: Program Director Facsimile Number: (714) 647 -6549 1 -13. Developer. The Developer is a Santa Ana 6 Inv., Limited Liability Company. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: Santa Ana 6 Inv., LLC 3121 Michelson, Suite #150 Irvine, CA 92612 Attention: Kim Prijatel, VP of Development Facsimile Number: (949) 336 -4349 II. Developer Representations And Warranties The representations and warranties of the Developer contained in Article 1 — Section II shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date. The Developer's liability for misrepresentation or breach of warranty, representation Inclusionary Housing Agreement - Ownership Project Page 11 City of Santa Ana 32A -41 or covenant, wherever contained in this Inclusionary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement. The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: II -A. The Developer is a Santa Ana 6 Inv., Limited Liability Company, lawfully entitled to do business in the State of California and the City. The Developer has the legal right, power and authority to enter into this Inclusionary Housing Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this Inclusionary Housing Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer. II -B. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Inclusionary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for the Developer's authorization to enter into this Inclusionary Housing Agreement. II -C. Neither the execution of this Inclusionary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or to the best of the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. II -D. This Inclusionary Housing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Inclusionary Housing Agreement shall be duly executed by, and to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. Inclusionary Housing Agreement - Ownership Project Page 12 City of Santa Ana 32A -42 III. Effective Date This Inclusionary Housing Agreement is dated May 17, 2016 for reference purposes only. This Inclusionary Housing Agreement shall not go into effect before the Effective Date. IV. Recitals The Recitals set forth above are true and correct. The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference. V. Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference into the text of this Inclusionary Housing Agreement. Exhibit 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designations Exhibit 3 Inclusionary Housing Plan Exhibit 4 Schedule of Performance for Construction of Inclusionary Units Exhibit 5 Inclusionary Housing Covenants Declaration Exhibit 6 City Deed of Trust Exhibit 7 Calculations of Affordable Sales Prices Exhibit 8 Developer's Phasing Map Exhibit 9 Legal Description of Inclusionary Units Indusionary Housing Agreement - Ownership Project Page 13 City of Santa Ana 32A -43 ARTICLE 2 INCLUSIONARY HOUSING COVENANTS Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance and the Administrative Procedures Manual. The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies in all material respects with this Inclusionary Housing Agreement and the requirements set forth in all the foregoing documents. II. Inclusionary Housing Covenants The Developer covenants and agrees that six (6) of the units to be developed on the Property shall be Inclusionary Units reserved for sale at the Affordable Sales Price and occupancy by Homebuyers whose Gross Household Income at the time of occupancy of each Inclusionary Unit does not exceed the household income qualification limits of a Moderate Income Household. This covenant and agreement shall be binding on the successors and assigns of Developer, as set forth herein and in the Inclusionary Housing Covenants Declaration (Exhibit 5) and the City Deed of Trust (Exhibit 6). II -A. The Inclusionary Units to be developed on the Property shall be reasonably dispersed throughout the market rate project as depicted on Exhibit 3. The Developer may change the location of any Inclusionary Unit to another area within the Project upon approval of the Program Director. Changes in the location of Inclusionary Units as approved on the Tentative Subdivision Map in which the Project is included shall be made consistent with all requirements of the Ordinance and the Administrative Procedures Manual, and shall be subject to the approval of the Program Director, such approval not to be unreasonably withheld. II -B. The Inclusionary Units to be developed on the Property shall be proportional in the number of bedrooms to the market rate units in the Project; they shall be comparable to the market rate units in terms of design, materials, finished quality and appearance; and be permitted the same access to the Project amenities and recreation facilities as the market rate units. Inclusionary Housing Agreement - Ownership Project Page 14 Qty of Santa Ana 32A -44 II -C. The Inclusionary Units to be developed on the Property shall be constructed concurrently with, or prior to, the Market Rate Units in the Project. If the Project is phased, the Inclusionary Units shall be constructed in accordance with the phasing plan included as Exhibit 8 to this Inclusionary Housing Agreement. If the Developer wishes to change the timing and /or phasing of the Project's construction, the City agrees to amend said schedule in a manner consistent with such change so long as the revised schedule continues to ensure that the Inclusionary Units will be constructed concurrently with, or prior to, the Market Rate Units, II -D. The Developer shall affirmatively market the Inclusionary Units to Moderate Income Households in accordance with the Administrative Procedures Manual. III. Sale of Inclusionary Units Each of the Inclusionary Units shall be sold to a Moderate Income Household as set forth in the Inclusionary Housing Plan. The purchaser of each Inclusionary Unit shall qualify as an Eligible Purchaser, as defined in the Administrative Procedures Manual. IV. Selection of Eligible Purchaser The Developer shall, at its sole cost and expense, conduct all procedures and comply with all requirements as set forth in the Ordinance and the Administrative Procedures Manual in selecting qualified Eligible Purchasers for each of the Inclusionary Units. Specific procedures are set forth in Attachment D in the Administrative Procedures Manual. If a prospective Homebuyer qualifies as an Eligible Purchaser, as defined herein, the Homebuyer shall be required to execute the Developer's standard purchase agreement for the purchase and sale of an Inclusionary Unit. The Developer shall seek and obtain all approvals required from the City pursuant to the Ordinance and the Administrative Procedures Manual, and shall provide the City with all documentation required pursuant to the Administrative Procedures Manual. Inclusionary Housing Agreement - Ownership Project Page 15 City of Santa Ana 32A -45 V. Execution of Inclusionary Housing Covenants Declaration and City Deed of Trust The Developer shall not sell an Inclusionary Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Purchaser for the purchase of the Inclusionary Housing Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Inclusionary Housing Covenants Declaration and the City Deed of Trust. The forms to be used are found in Exhibits 5 and 6, respectively, to this Inclusionary Housing Agreement. VI. Enforcement of Inclusionary Housing Covenants Declaration The Developer irrevocably stipulates and agrees that breach of the Inclusionary Housing Covenants set forth above in Article 2 — Section II will result in great and irreparable damage to the City, and will result in damages to the City that are either impracticable or extremely difficult to quantify. Accordingly, upon the breach of the Inclusionary Housing Covenants Declaration set forth above in Article 2 — Section II, the City may institute an action for injunctive relief and /or specific performance for the remedy of such breach. VII. Recordation of Inclusionary Housing Covenants Declaration and City Deed of Trust Prior to the close of each Inclusionary Unit Escrow, each Homebuyer shall sign, and the City shall cause to be recorded, the City Deed of Trust and the Inclusionary Housing Covenants Declaration. Inclusionary Housing Agreement - Ownership Project Page 16 City of Santa Ana 32A -46 ARTICLE 3 DEFAULTS AND REMEDIES Default If either Party defaults with regard to any provision of this Inclusionary Housing Agreement, the non - defaulting Party shall serve written notice of such default upon the defaulting Party. If, after the service of written notice of such default, the defaulting Party does not cure such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this Inclusionary Housing Agreement, and shall be liable to the other Party for damages caused by such Default. Alternatively, the non - defaulting Party, at its option, may institute an action for specific performance of the terms of this Inclusionary Housing Agreement. II. Legal Actions In the event of a breach or potential breach of program requirements, in addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement. II -A. The City's actions may include, but are not limited to, the following: 1. The following legal actions: a. Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; b. Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; C. Injunctive relief and damages; and Incluslonary Housing Agreement - Ownership Project Page 17 City of Santa Ana 32A -47 d. Civil citations with monetary penalties for violations of the Inclusionary Housing Agreement. 2. If the Developer rents any of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained through the rental of the Inclusionary Units. 3. If the Developer sells any of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained from the sale of the Inclusionary Units that are in excess of the Affordable Sales Price permitted by this Inclusionary Housing Agreement for such Inclusionary Units. 4. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. II -B. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement. II -C. In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or in such other manner as may be provided by law. II -D. In the event that any legal action is commenced by the City against the Developer, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. III. Rights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. Inclusionary Housing Agreement - Ownership Project Page 18 City of Santa Ana 32A -48 ARTICLE 4 GENERAL PROVISIONS Notices, Demands and Communications Between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Inclusionary Housing Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered, if dispatched by messenger, or two (2) calendar days after it is placed in the United States mail. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Article 1 — Section I. II. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inclusionary Housing Agreement, or in the development of the Property, shall participate in any decision relating to this Inclusionary Housing Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. III. Non - liability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary Housing Agreement. Incluslonary Housing Agreement - Ownership Project Page 19 City of Santa Ana 32A -49 IV. Indemnification The Developer agrees to indemnify and hold the City, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any negligent or wrongful act or omission of the Developer in performing its obligations hereunder. The City agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs expenses and fees arising from or related to any negligent or wrongful act or omission of the City in performing its obligations hereunder. V. No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction. Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times. VI. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs. The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. VII. Jurisdiction and Venue Any legal action or proceeding concerning this Inclusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in Orange County, California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including without implied limitation, federal district court due to any of the following: incluslonary Housing Agreement - Ownership Project Page 20 City of Santa Ana 32A -50 1. Any diversity of citizenship between the City and the Developer; or 2. The fact that the City is a party to such action or proceeding; or 3. That a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394. The Developer acknowledges that the provisions of this Article 3 — Section VII are material consideration to the City for its entry into this Inclusionary, Housing Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum. VIII. Inspection of Books and Records To enforce its rights under this Inclusionary Housing Agreement, the City shall have the right at all reasonable times and upon reasonable advance notice, at the City's cost and expense, to inspect the books and records of the Developer that are not privileged, confidential, trade secrets or otherwise protected from disclosure and that pertain to the sale of the Inclusionary Units at the Property. Matters discovered by the City shall not be disclosed to third parties unless required by law, or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of the City hereunder subject to, however, any right of the Developer to seek a protective order to prevent the disclosure of any confidential or privileged information. IX. Successors and Assigns This Inclusionary Housing Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. X. No Third Party Beneficiaries The performance of the City's and the Developer's respective obligations under this Inclusionary Housing Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided otherwise herein. No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Party to this Inclusionary Housing Agreement as a result of that Party's performance or non - performance under this Inclusionary Housing Agreement - Ownership Project Page 21 City of Santa Ana 32A -51 Inclusionary Housing Agreement, or for the enforcement of any provisions of this Agreement, except as expressly provided otherwise herein. XI. Entire Agreement This Inclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental hereto. This Inclusionary Housing Agreement supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. XII. Recordation The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement, against the Inclusionary Units in the Office of the County Recorder of Orange County, California. The legal description for the Inclusionary Units is provided in Exhibit 10 to this Inclusionary Housing Agreement. XIII. Termination Except as set forth elsewhere, this Inclusionary Housing Agreement shall be effective until all of the following have been completed: All of the Inclusionary Units have been constructed and sold by the Developer to Eligible Purchasers; 2. The Inclusionary Housing Covenants Declaration (Exhibit 5) has been recorded against each Inclusionary Unit; 3. The City Deed of Trust (Exhibit 6) has been recorded against each Inclusionary Unit. Upon satisfaction of the above - referenced items, this Inclusionary Housing Agreement shall automatically and Immediately terminate and shall have no further force and effect. Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder, or any responsibility with respect to the Inclusionary Units, The City and the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as encumbrance against title to any portion of the Property. IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below. Inclusionary Housing Agreement - Ownership Project Page 22 City of Santa Ana 32A -52 [Signatures on Following Pages] Incluslonary Housing Agreement -Ownership Project Page 23 City of Santa Ana 32A -53 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Name: David Cavazos Its: City Manager Date: ATTEST Maria D. Huizar Clerk of the Council in LEGAL FORM: nt City Attorney City of Santa Ana RECOMMENDED FOR APPROVAL: v -1 Executive Director Community Development Agency Incluslonary Housing Agreement - Ownership Project Page 24 City of Santa Ana 32A -54 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT DEVELOPER: Santa Ana 6 Inv., LLC A Delaware limited liability company M Name: Kim Priiatel Its: Vice President of Development Date: Inclusionary Housing Agreement - Ownership Project Page 25 City of Santa Ana 32A -55 F:KQLUM LEGAL DESCRIPTION OF PROPERTY Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -56 Order Number: OSA- 4847176 (50) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: THE NORTH 145,43 FEET OF THE SOUTH 495.43 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH,RANGE 10 WEST, S. B. B. & M. PARCEL 2: AND UNDIVIDED 3 /45THS INTEREST IN THE WELL LOT IN THAT PORTION OF THE SOUTH EAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH RANGE 10 WEST, S.B.B & M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 9, DISTANT NORTHERLY 152 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE 89 DEGREES 25' 00" WEST 367.25 FEET AND NORTH 0 DEGREES 28'00" WEST 95.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 28'00" WEST 25 FEET; THENCE NORTH 89 DEGREES 25'00" EAST 25 FEET; THENCE SOUTH 0 DEGREES 28'00" EAST 25 FEET; THENCE SOUTH 89 DEGREES 25'00" WEST 25 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THE RIGHT TO USE THE PIPE LINE RUNNING FROM THE PUMPING PLANT AND WELL ON SAID LAND TO THE EXTERIOR BOUNDARY LINE OF SAID LAND, AND THE RIGHT TO MAINTAIN, REPLACE, AND RENEW SAID PIPE LINES AND PUMPING PLANT, SAID RIGHT TO BE USED IN COMMON WITH OTHERS. APN: 198- 043 -16 FlrstAmerkan 7-We 32A -57 EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Inclusionary Housing Agreement -Ownership Project City of Santa Ana 32A -58 \ � \ / ! ; ) RIL7 \ .� //Ph/\{ once: v � ^\ }\ { � ( � )| \ $ {/ / Q® S» \ 7 / § 22A.5§ !! all !. b y!] E` ƒ � } f \ g ■ A INCLUSIONARY HOUSING PLAN Inclusionary Housing Agreement - Ownership Project City of Santa Ana 32A -60 INPlanning and Building Agonoy Planning Division 20 Clv(o Center Plaza P.Q, Box 1988 (,M•20) Santa Ana, CA 92702 (714)947.6804 www.anntaana.org INCLUSIONARY HOUSING PLAN OWNERIAPPLICANT INFORMATION Legal Ownar DilunGi �' ce_eSSoM -aff) -1 1��e FuN nama of Parson, Fllm or orate n Area Code Phane Number 'i ✓t��tZ ei- �Ffec.-'l a i�vv�auuv 7-��., 5�'- + Gj c..i s . gK�{ c�t.�to��Jvtn�z,; 1. r.a�+ Maillin_g Address �(, Code Fax Number Applicant— Area (-714 ) 2- Fob nome of Person, Finn or Corporation Area Cods Phone Number 31zt M ;c Rz(v12. Ma11Ing Address Area Cod Fax Number Contact Person Kim �' ��r 1 n �e �C� Fun name of Person, Fl "r rporatlon Email addma5 � 4Ati --'— ei S n 1 r GF-t,t,1-�- Mzling Address LJ�L 2Sg ~7SLr d I3 �1 Z3 Aron Code Phane Number Ares Uoda Mobile Phone Number Aroa Cddz Fnx Number PROJECT DESCRIPTION Project Address: -J �0 V _)} - 6-K 1 >Ca Assessor Parcel Number(s): ---ft Total number of units proposed:_ Number of Rental Units:Y Number of Far Sale units: / 0 Number or 15% Inclusionary obligation: V4 v� Identify the gross livable area of the proposed project (including private balconies, decks and patios). square feet Will the project be constructed in phases? X Yes No Is a density bonus being requested? Yes -X-: , _ No CITY APPROVAL$ (If appliaabla) 32A -61 HOUSING ALTERNATIVES Select the applicable alternatives to Indicate how the projestwlll comply with the inolusionary housing requirement: _ on -site construction of inclusionary units In -lieu fee payment for entire obligation' In -lieu fee payment for fractional unit Land dedication Note: For development projects with more Men 213 units requesting in-lieu fee payment to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable in-lieu Pee Is to be provided with this application. Please complete the following table(s) as it applies to your project proposal: Proposed Rental Housing Project Number of Bedrooms Unit Size (Square Feet) Number of Market Rate Units Number of Low income Units Number of Very -tow Income `" Gaits ..Total Number of Units percent of Total Units Studio 3 ' If Ina calculatlon of the number of required InGualonary housing units results Ina Inaction. the developer has tha option to (4) provide on additional Mclualonaq housing unit or (b) pay an In -Lieu Fee equal to the percentage ropmented by the frocdonal Incluslonwy housing unit multiplied by the applicable In -Llau Pee S:P vnningtClvdm4Caur0.nr FormaWpOVpplleakn 1178 Page 2 of 4 32A -62+ Proposed Ownership Housing Prolects; Number of Bedrooms Unit Size (Square Feet Number of Market Rate Units Number of Moderate Income Unit Total Number of Units Percent of Total Units Studio 3'� �4 `a.`11ii Z Le t= Total Required Exhibits to the Inclusionary Housing Plan . A. ( Narrative description of the entire project; B. E Site plan that depicts the entire project (minimum 11" x 17"): 0. R'peplction of the location of the Inclusionafy housing units; and D. V 1 If applicable, a phasing plan that provides for the proportionate number of the total incluslonary housing unit requirement to be quilt within each phase of the project E. If applicable, provide the In -Lieu Calculation Summary for the project.. Page $ or4 S;Plann�nglQlotica4Cowtef ForrnslHOPnpp1lwUon 1116 32A -63 D P 1 -33 7 Property OWNER'S AFFIDAVIT I hereby certify that I am the legally authorized owner of all property involved In this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith, I hereby grant to the applicant submitting this form full power to sign all documents related to this application, including any conditions or litigation measures as may be deemed necessary. I declare under penalty of perjury that the foregoing is true and correct, Executed on (Date) `f %e��g ata „California Property Owner's Property Owner's Printed Name D (% NA 2L A G — APPLICANT'S AFFIDAVIT I hereby certify that the statements furnished above and in the attached exhibits represent the date and intormatlon required for this initial evaluation and that the facts, statements and Information presented are true and correct to the best of my knowledge and belief, Further, should the stated Information be found false or insufficient, t agree to the return of this form for appropriate revisions, understanding the City of Santa Ana cannot process this form until all applicable Information is corrected or provided by the Applicant I hereby certify that I have been legally authorized by the prop” owner to present this application and to sign on behalf of all documents related to this application, Including any conditions or litigation measures as may be deemed necessary. Note: When the applicantis a corporation, partnership, business, etc., a separate document verifying the euthorization to sign for such applicant is required, 1 declare under penalty of perju that the foregoing Is true and correct. Executed an (Date) 2 I ( S at ✓ ✓I V� California Applicants Signature_ Applicant's Printed Name c�,/� Page 4 of 4 9; PIannln9��letical.0 W Mer FormalHtlbaprAiretlan vi9 1) P 32A -64 EXHIBIT 4 SCHEDULE OF PERFORMANCE FOR CONSTRUCTION OF INCLUSIONARY UNITS Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -65 1406 N. Harbor, Santa Ana Preliminary Construction Schedule • Submit Architectural Plans for Plan Check • Receive Building Permits • Start Construction of Phase 1 Units • Begin Sales • Deliver Phase 1 Units • Start Construction of Phase 2 units • Deliver Phase 2 Units • Start Construction of Phase 3 Units • Deliver Phase 3 Units • All 38 homes closed and occupied 32A -66 June 2016 November 2016 November 2016 December 2016 May 2017 February 2017 August 2017 May 2017 November 2017 December 2017 EXHIBIT 5 INCLUSIONARY HOUSING COVENANTS DECLARATION Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -67 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded without fee. (Space Above This Line For Recorder's Use Only) (Government Code, §§ 6103 and 27383) DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY'S OPTION TO PURCHASE AGREEMENT This DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY'S OPTION TO PURCHASE AGREEMENT ( "Inclusionary Housing Covenants Declaration "), dated as of , is made by and between ( "Homebuyer") and the CITY OF SANTA ANA ( "City "), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. RECITALS A. The Homebuyer is acquiring title to an Inclusionary Unit, which is more particularly described in Exhibit 1. The Inclusionary Unit was originally constructed as part of a development that was approved by the City subject to the requirement that one or more of the units be designated and maintained as affordable to Moderate Income Households. B. The Homebuyer is a Moderate Income Household as defined in this Inclusionary Housing Covenant Declaration, and meets the eligibility requirements necessary to acquire the Inclusionary Unit as set forth in Section IV of the Administrative Procedures Manual. Inclusionary Housing Covenants Declaration Page 1 City of Santa Ana January 2015 32A -68 C. The Homebuyer is acquiring the Inclusionary Unit at the Affordable Sales Price, which is less than the Fair Market Value for the Inclusionary Unit. The Inclusionary Unit is being sold for a reduced price as a direct result of the requirements imposed pursuant to the City's Housing Opportunity Ordinance ( "Ordinance "). Inconsideration for the right to acquire the Inclusionary Unit at a reduced price, the Homebuyer, its successors and assigns agree to enter into, and be bound by, the terms and conditions of this Inclusionary Housing Covenants Declaration. D. The purpose of this Inclusionary Housing Covenants Declaration is to ensure that the Inclusionary Unit is only purchased and occupied by a Moderate Income Household. This Inclusionary Housing Covenants Declaration accomplishes this purpose by, among other things, imposing conditions on the Owner's future resale of the Inclusionary Unit, and requiring that the Owner maintain the Inclusionary Unit as the Owner's Primary Residence. The Homebuyer is required to execute this Inclusionary Housing Covenants Declaration as a condition of purchasing the Inclusionary Unit. This Inclusionary Housing Covenants Declaration is secured by the City Deed of Trust executed by the Homebuyer. Now, therefore, in consideration of the mutual promises set forth in this Inclusionary Housing Covenants Declaration, the receipt and sufficiency of which is acknowledged by the City and the Homebuyer, the Parties agree as follows: Inclusionary Housing Covenants Declaration Page 2 City of Santa Ana January 2015 32A -69 DEFINITION OF TERMS As used in this Inclusionary Housing Covenants Declaration, the terms set forth below shall have the following meanings: Adjusted Household Size Appropriate for the Unit is based on the H &SC Section 50052.5 definition, and is only used in the Affordable Housing Cost calculations. For Affordable Housing Cost calculation purposes, the household size is set at one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two - bedroom unit, four persons in the case of a three - bedroom unit, and five persons in the case of a four - bedroom unit. This household size standard is used in the Affordable Housing Cost calculations; it is not an occupancy limit. Administrative Procedures means the Affordable Ownership Housing Administrative Procedures promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual — Owner Requirements dated January 2015, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Homebuyer of an Inclusionary Unit. Affordable Housing Cost means the maximum costs that can be borne by Moderate Income Household based on the requirements imposed by H &SC Section 50052.5. The calculation methodology is described in Section VI of the Administrative Procedures Manual. Affordability Period shall be set at 45 years in the Inclusionary Housing Covenant Declaration recorded on legal title to the Inclusionary Unit. The covenant period is set at 45 years following the date of the first sale of the Inclusionary Unit. Affordable Sales Price means the maximum price that can be charged for an Inclusionary Unit. The Affordable Sales Price is equal to the lesser of: 1. The sum of the Supportable Mortgage plus the Benchmark Down Payment; or Incluslonary Housing Covenants Declaration Page 3 City of Santa Ana January 2015 32A -70 2. The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to the Inclusionary Housing Agreement. The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly. Assumption Agreement means the Disclosure, Acknowledgement and Assumption Agreement in the form attached as Exhibit 4 to this Inclusionary Housing Covenants Declaration that shall be entered into between the City and a transferee as a condition of an Exempt Transfer. Benchmark Household Income is used in the Affordable Housing Cost calculations, and is based on the requirements imposed by H &SC Section 50052.5. For a Moderate Income Household, the Benchmark Household Income is based on 110% of the County Median Income for an Adjusted Household Size Appropriate for the Unit. City means the City of Santa Ana, California. City Deed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration, City Manager means the City Manager of the City of Santa Ana. City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 - Section II of this Inclusionary Housing Covenants Declaration. City's Share of Excess Proceeds means 50% of the Excess Proceeds generated under an Extraordinary Sale. The City's Share of Excess Proceeds, if received, shall be deposited in the City's Inclusionary Housing Fund. County means the County of Orange. County Median Income shall mean the Median Income adjusted by actual household size as published annually by HCD for the County. Default means the failure of an Owner to perform any action or covenant required by this Inclusionary Housing Covenants Declaration within the time Inclusionary Housing Covenants Declaration Page 4 City of Santa Ana January 2015 32A -71 period provided herein following notice and opportunity to cure, as set forth in Article 5 — Section III of this Inclusionary Housing Covenants Declaration, Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in these Administrative Procedures. Excess Proceeds means the difference between the Extraordinary Sales Price and the Affordable Sales Price the Inclusionary Unit at the time of the Extraordinary Sale, Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exempt Transfer means the following: A transfer resulting from the death of the Owner; 2. A transfer by the Owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit; 3. A transfer of title to a spouse or domestic partner as part of divorce or dissolution proceedings; and 4. A transfer by the Owner into a trust in which the Owner or Owners are beneficiaries, provided that the Owner or Owners continue to maintain the Inclusionary Unit as their Primary Residence. 5. A transfer by the Owner of a non - possessory interest in the Property, such as an easement or license for utilities or other like purposes; the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non - exclusive common area rights of any Owner located in a common interest subdivision development. 6. A condemnation, or conveyance in lieu of condemnation, that does not preclude the Owner's continued use and occupancy of the Inclusionary Unit, such as a street widening or other incidental taking that does not preclude continued occupancy of the Inclusionary Unit, or a taking of an interest in a portion of the common area appurtenant to any Inclusionary Unit located in a common interest development. Inclusionary Housing Covenants Declaration Page 5 City of Santa Ana January 2015 32A -72 Exhibits The following exhibits are attached to this Inclusionary Housing Covenants Declaration and incorporated herein by this reference: 1. Exhibit 1: Property Description 2. Exhibit 2: Occupancy Recertification Form 3. Exhibit 3: Notice of Intent to Transfer 4. Exhibit 4: Assumption Agreement 5. Exhibit 5: Notice of Intent to Sell 6. Exhibit 6: Notice of Extraordinary Sale Extraordinary Sale means a sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser, when an Eligible Purchaser has not been secured within the timeframes required by this Inclusionary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the timeframes allowed pursuant to this Inclusionary Housing Covenants Declaration. Extraordinary Sales Price means the gross sales proceeds generated by an Extraordinary Sales executed under the terms included in Article 3 - Section III of this Inclusionary Housing Covenants Declaration, Fair Market Value means the value of the Inclusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. Gross Household Income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12- month period following the date of the determination of Gross Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: 1. Except as provided in subdivision (2), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Income shall include, but not be limited to: Inclusionary Housing Covenants Declaration Page 6 City of Santa Ana January 2015 32A -73 a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; b. The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); C. Interest and dividends; d. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; f. Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: L The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus ii. The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. g. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); L Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of Incluslonary Housing Covenants Declaration Page 7 City of Santa Ana January 2015 32A -74 the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full -time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following items shall not be considered as income: a. Casual, sporadic or irregular gifts; b. Amounts which are specifically for or in reimbursement of the cost of medical expenses; c. Lump -sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; d. Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; e. The special pay to a serviceman head of a Household away from home and exposed to hostile fire; f. Relocation payments made pursuant to federal, state, or local relocation law; g. Foster child care payments; h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1064 which is in excess of the amount actually charged the eligible Household; i. Payments received pursuant to participation in the following volunteer programs under the: Incluslonary Housing Covenants Declaration Page 8 City of Santa Ana January 2015 32A -75 I. National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. ii. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). Homebuyer means an Eligible Purchaser that has executed an agreement to purchase an Inclusionary Unit, Homebuyer Purchase Price means the means the original price paid by the Homebuyer to purchase the Inclusionary Unit, exclusive of any closing or transaction costs. The Homebuyer Purchase Price shall not exceed the Affordable Sales Price. HCD means the California Housing and Community Development Department. H &SC shall mean the California Health and Safety Code. Household means all the persons who will occupy the Inclusionary Unit as their Primary Residence. A child who is subject to a legally- binding shared - custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. Excluded from the definition of Household are live -in caregivers /caretakers, foster children, unborn children and Children being pursued for legal custody or adoption that are not currently living with the Household, Inclusionary Housing Covenants Declaration means this Declaration of Inclusionary Housing Covenants, Conditions and Restrictions. Inclusionary Housing Fund means a separate fund of the City which is codified in Article XVIIIA Section 41 -1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to low and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Incluslonary Housing Covenants Declaration Page 9 City of Santa Ana January 2015 32A -76 Inclusionary Unit means a home in Santa Ana that is made affordable by an Inclusionary Housing Covenant Declaration that restricts ownership, occupancy and the Affordable Sales Price as described in the Administrative Procedures Manual, Median Income is calculated by HCD using non - aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa Ana is Orange County. Moderate Income refers to Households whose incomes meet the standards defined by the H &SC Section 50093. Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income, Net Resale Proceeds means the Resale Price for the Inclusionary Unit minus the following amounts and costs in the following priority order: 1. Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; 2. Brokerage commissions and similar transaction costs; and 3. Repayment of the outstanding balance of the Senior Loan. Notice of Extraordinary Sale means the form provided in Exhibit 6 to this Inclusionary Housing Covenants Declaration. Notice of Intent to Sell means the form provided in Exhibit 5 to this Inclusionary Housing Covenants Declaration. Notice of Intent to Transfer means the form provided in Exhibit 3 to this Inclusionary Housing Covenants Declaration. Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011, which is codified in Article XVIIIA Section 41- 1900 et seq. of the City's Municipal Code. The Ordinance was amended by the Inclusionary Housing Covenants Declaration Page 10 City of Santa Ana January 2015 32A -77 City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885. Owner means the current owner of an Inclusionary Unit. Party and Parties mean the City and the Homebuyer as parties to the Inclusionary Housing Covenants Declaration. Permitted Sales are defined as a sale to an Eligible Purchaser or a sale executed under the City's Purchase Option. Primary Residence is defined as the only home that may be owned by the Owner. The Owner must reside in the Inclusionary Unit for not less than 10 out of every 12 months. Program Director has the day -to -day authority for making determinations related to the Ordinance and Administrative Procedures Manual. The Program Director will be appointed by the Executive Director. Prohibited Sales and Transfers are defined as any sale or transfer that is not explicitly allowed by this Inclusionary Housing Covenants Declaration. Prohibited Transfers specifically include any transfer of a use, rental or leasehold interest in the Inclusionary Unit. Project means the owner - occupied housing project proposed to be developed on the Property at the Developer's sole cost and expense. Project CC &Rs means the Declaration of Covenants, Conditions and Restrictions of the Project recorded or to be recorded against the entirety of the Property and applicable to the Inclusionary Unit and the Homebuyer. Property means the real property on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to the Inclusionary Housing Agreement. Recordation Date means the date of recording in the Official Records of the County of Orange, California of the City Deed of Trust and the Inclusionary Housing Covenants Declaration. Resale means the resale of the Inclusionary Unit by the Owner. Prior to the Resale of the Inclusionary Unit, the Owner must submit a Notice of Resale to the City as set forth in Exhibit 4 to this Inclusionary Housing Covenants Declaration. Incluslonary Housing Covenants Declaration Page 11 City of Santa Ana January 2015 32A -78 Resale Price is defined as the lesser of the Fair Market Value or the Affordable Sales Price. Seller means the current Owner of the Inclusionary Unit in the context of the sale of the Inclusionary Unit. Senior Lender means a bank, savings and loan association, insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engaged in making residential real estate loans. Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Inclusionary Unit, or a refinancing approved by the City, which loan is in a lien position prior to this Inclusionary Housing Covenants Declaration. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate. See Section VI -B of the Administrative Procedures Manual for an explanation of the calculation methodology. Transfer shall mean any sale, transfer, lease, exchange, assignment or conveyance of an Inclusionary Unit, including any portion or interest in an Inclusionary Unit or other disposition of any interest in an Inclusionary Unit, whether voluntary or involuntary. Inclusionary Housing Covenants Declaration Page 12 City of Santa Ana January 2015 32A -79 ARTICLE 1 RESTRICTIONS Owner Acknowledgments and Agreements: Owner hereby acknowledges and agrees that taking title to the Inclusionary Unit shall constitute Owner's acknowledgment of and agreement to the following: I. Occupancy Requirements -A. The Owner shall occupy and continually use the Inclusionary Unit as the Owner's Primary Residence during the Affordability Period. On an annual basis, the Inclusionary Program Director will send the Owner an Occupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt. The Owner shall affirm that they are occupying the Inclusionary Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process. -B. If an Owner vacates the Inclusionary Unit, or for any reason does not continue to occupy the Inclusionary Unit as its Primary Residence, the City may declare the Owner in Default pursuant to Article 1- Section I of this Inclusionary Housing Covenants Declaration, and exercise any or all of its rights and remedies hereunder, including without limitation the City's Purchase Option pursuant to Article 3 - Section II of this Inclusionary Housing Covenants Declaration. II. Resale and Transfer Restrictions II -A. The Inclusionary Unit is being acquired by the Homebuyer at a cost that is below the Fair Market Value for the Inclusionary Unit, and that such Inclusionary Unit is subject to resale restrictions and the City's Purchase Option contained in this Inclusionary Housing Covenants Declaration. Any resale or transfer of the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration shall be voidable by the City. II -B. The Owner's right to resell the Inclusionary Unit at the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase the Inclusionary Unit from the Owner at the Affordable Sales Price. Incluslonary Housing Covenants Declaration Page 13 City of Santa Ana January 2015 32A -80 II -C. The Inclusionary Unit will not necessarily appreciate in value during the duration of its ownership, and the Affordable Sales Price may decrease from the amount the Owner paid to acquire the Inclusionary Unit. Thus, when the Owner resells the Inclusionary Unit, the sales proceeds received by the Owner may be less than the amount the Owner paid to acquire the Inclusionary Unit. II -D. In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or pursuant to a foreclosure sale, the Owner must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50 %) of the difference between the Affordable Sales Price and the Net Resale Proceeds received from the sale of the Inclusionary Unit. III. Refinancing Limits III -A. The Owner is not permitted to refinance a Senior Loan for more than the outstanding principal amount of the Senior Loan, plus the cost of Qualified Capital Improvements, plus the customary fees and costs associated with obtaining the new Senior Loan. However, in no event can the refinanced Senior Loan be set at an amount that exceeds the then current Supportable Mortgage, III -B. If an Owner refinances the Senior Loan in violation of the requirements imposed in the Administrative Procedures Manual and this Inclusionary Housing Covenants Declaration, the City may declare the Owner in Default pursuant to Article I - Section III of this Inclusionary Housing Covenants Declaration, and exercise any or all of its rights and remedies hereunder. IV. Project CC &Rs The Inclusionary Unit is subject to the Project CC &Rs. The Homebuyer acknowledges and agrees that the Homebuyer is obligated to comply with all of the terms, conditions, covenants and restrictions set forth in the Project CC &Rs. Inclusionary Housing Covenants Cadaratlon Page 14 City of Santa Ana January 2015 32A -81 ARTICLE 2 TRANSFER PROCEDURES Exempt Transfers of the Inclusionary Unit The following transfer procedures apply to Exempt Transfers: -A. Transfer by Inheritance: If an Exempt Transfer is made by inheritance or rights of survival, the trustee, executor or new Owner shall notify the City in writing of the change in ownership of the Inclusionary Unit within 20 days of such event giving rise to such Exempt Transfer. Any such transferee shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust. The trustee, executor or new Owner shall execute, acknowledge and deliver to the City, within such 45 -day period, an Assumption Agreement whereby the transferee agrees to be bound by such documents. The failure to notify the City in writing and execute an Assumption Agreement within the timeframes required by this Section shall constitute a Default; provided that such transferee shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust notwithstanding its failure to deliver such executed and recordable Assumption Agreement. I -B. Other Exempt Transfers: If the Owner desires to transfer the Inclusionary Unit by an Exempt Transfer other than inheritance, the Owner shall provide the City with a Notice of Intent to Transfer in the form attached as Exhibit 3 to this Inclusionary Housing Covenants Declaration, together with any other documentation the City may reasonably request in order to ensure that the transfer is an Exempt Transfer. II. Notice of Intent to Transfer — Exempt Transfer In the case of an Exempt Transfer, this Inclusionary Housing Covenants Declaration imposes the following noticing obligations on the City and the Owner: II -A. City Obligations: Incluslonary Housing Covenants Declaration Page 15 City of Santa Ana January 2015 32A -82 1. The City shall have 45 days after receipt by the City of a Notice of Intent to Transfer and other documentation to deliver written notice to the Owner that the City either approves the transfer as an Exempt Transfer or disapproves the transfer. 2. The transfer shall be deemed an Exempt Transfer if the City fails to disapprove the proposed transfer within such 45 -day period. II -B. Owner Obligations: The Owner shall complete the Exempt Transfer, including recordation of all applicable documents, within 60 days after receipt of approval, or deemed approval, of the transfer. 2. Any such transferee of the fee interest in the Inclusionary Unit shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust as the Owner and, as a condition to the conveyance of the Inclusionary Unit, shall execute, acknowledge and deliver to the City an Assumption Agreement. 3. The failure to comply with the requirements of this Section in undertaking any transfer of the Inclusionary Unit shall constitute a Default; provided that any transferee of the Inclusionary Unit shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust as the Owner notwithstanding its failure to deliver such executed and recordable Assumption Agreement. III. Transfer of the Inclusionary Unit without the City's Approval III -A. If the City determines that a proposed transfer is a Prohibited Transfer, the Owner shall not transfer the Inclusionary Unit. III -B. Any transfer of an Inclusionary Unit without the City's approval shall be voidable. In addition to all other rights and remedies the City may have under this Inclusionary Housing Covenants Declaration, the City shall have the right to exercise the City's Purchase Option. This may be exercised against the transferee or the Owner under such Prohibited Transfer. Inclusionary Housing Covenants Declaration Page 16 City of Santa Ana January 2016 32A -83 ARTICLE 3 RESALE PROCEDURES I. Permitted Sale -A. Notice of Permitted Sale: If an Owner desires to sell the Inclusionary Unit, the Owner shall provide City with a Notice of Intent to Sell in the form attached as Exhibit 5: 1. Within fifteen (15) business days after receipt of such Notice, City shall provide the Owner with the Affordable Sales Price and the maximum incomes of Eligible Purchasers. 2. The Owner shall market the Inclusionary Unit to Eligible Purchasers for a period of not less than ninety (90) days from providing the Notice. 3. If the Owner is unable to locate an Eligible Purchaser who is ready, willing and able to enter into a purchase agreement for the Inclusionary Unit within the 90 -day period: a. The Owner must demonstrate to the Inclusionary Program Director that all reasonable efforts were made to diligently market the Inclusionary Unit. b. If the Inclusionary Program Director determines that adequate marketing efforts were pursued, the City shall have 30 days from after the expiration of the period to exercise City's Purchase Option under Article 3 - Section II. C. If the City does not exercise the City's Purchase Option, the Owner may sell the Inclusionary Unit to a buyer is not an Eligible Purchaser under the Extraordinary Sale terms identified in Article 3 - Section III. I -B. Inspection and Repair Costs: Upon receipt of a Notice of Intent to Sell, the City shall have the right to inspect the Inclusionary Unit to determine whether any violations of applicable laws or ordinances exist. The City may hire a third party to undertake the inspection. Inclusionary Housing Covenants Declaration Page 17 City of Santa Ana January 2015 32A -84 2. The inspection shall take place within fifteen (15) days after receipt of the Notice of Intent to Sell. 3. The City shall undertake the inspection at a reasonable time, and provide the Owner with at least 24 advance notice prior to the inspection. 4. In the event any violations are discovered, within thirty (30) days, the City shall provide the Owner with'a written report describing the necessary repairs. 5. The Owner shall have the option to either: a. Repair or replace the items on such report at Owner's cost prior to closing, without extending the closing date; or b. At closing, cause the escrow holder to pay the repair costs to the buyer out of Seller's gross proceeds of the sale. 6. If an Owner elects to repair or replace the items on such report, the City shall have the right to re- inspect the Inclusionary Unit after the repairs and /or replacements are complete. If City determines that deficiencies still remain, the Owner shall cause the escrow agent at closing to pay to buyer from Seller's gross proceeds the repair costs in such amounts as the City determines are necessary to complete the remaining repairs and /or replacements. The City's determination shall be final. -C. Sales Price: The sale of the Inclusionary Unit pursuant to this Section may only be made to an Eligible Purchaser at a price that does not exceed the lesser of the Affordable Sales Price or the Fair Market Value of the Inclusionary Unit. -D. At close of escrow, the Eligible Purchaser shall deliver or cause to be delivered into escrow: 1. A Declaration of Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement in substantially the form of this Inclusionary Housing Covenants Declaration, approved by the City, and executed by the City and the Eligible Purchaser, together with a City Deed of Trust securing the obligations thereunder. 2. The required down payment and all documents required by the Eligible Purchaser's Senior Lender. Inclusionary Housing Covenants Dedaratlon Page 18 City of Santa Ana January 2015 32A -85 -E. Proceeds from Permitted Sale: To the extent funds are available, the gross proceeds from a Permitted Sale shall be distributed in the following priority: 1. Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; 2. Brokerage commissions and similar transaction costs; 3. Repayment of the outstanding balance of the Senior Loan; 4. Reimbursement to the buyer of all repair costs funded by the buyer pursuant to this Section; and 5. Any remaining amounts shall be paid to the Seller. I -F. Personal Property: Any sums paid to an Owner by an Eligible Purchaser for personal property shall not be part of the Affordable Sales Price. Any consideration, of any nature whatsoever, paid by an Eligible Purchaser to the Owner must be fully disclosed to and approved by the City in advance. I -G. Closing: 1. At closing, the Owner shall convey fee title to the Eligible Purchaser by standard title company form grant deed. 2. The Owner shall cause the title company to issue to the Eligible Purchaser a CLTA standard coverage owner's form of title insurance policy in the amount of the Affordable Sales Price insuring title to the Inclusionary Unit is vested in the Eligible Purchaser, subject to the following exclusions from coverage: a. Current taxes and assessments not yet due; b. This Inclusionary Housing Covenants Declaration and all documents recorded pursuant to this Inclusionary Housing Covenants Declaration; and C. Such other matters (other than encumbrances created or suffered by the Owner) that were exceptions to title on the date of this Inclusionary Housing Covenants Declaration. Incluslonary Housing Covenants Declaration Pap 19 City of Santa Ana January 2015 3. All other closing costs shall be paid by the Seller or the Eligible Purchaser pursuant to the custom in Orange County. II. City's Purchase Option II -A. Purchase Option: By taking title to the Inclusionary Unit, the Owner irrevocably grants the City's Purchase Option upon the occurrence of any of the following: 1. The Owner is unable to identify an Eligible Purchaser pursuant to and within the times set forth in Article 3 - Section I; 2. Any Prohibited Transfer or Prohibited Sale by the Owner; 3. The Owner is in default of the occupancy requirement set forth in Article 1 — Section 1; and 4. An Event of Default as defined in Article 1: a. City's Purchase Option shall be in addition to any other remedy provided in this Inclusionary Housing Covenants Declaration for an Event of Default. b. By taking title to the Inclusionary Unit, the Owner agrees that City's facilitation of the transfers contemplated hereby constitute adequate consideration for the grant of the City's Purchase Option in the Event of Default. II -B. Procedure Upon Exercise of Option: 1. The City shall exercise the City's Purchase Option by delivering written notice to the Owner (and to transferee, if applicable). 2. Closing of escrow shall occur within 120 days (plus any time delays caused by the Owner), or such additional time as reasonably determined by the City is necessary under the circumstances after the date of the City's written notice exercising the City's Purchase Option. 3. Proceeds from the sale shall be distributed in the manner provided in this Section. Inclusionary Housing Covenants Declaration Page 20 City of Santa Ana January 2015 32A -87 4. Closing shall occur in the manner provided in this Section, with the City having the rights and responsibilities of the Eligible Purchaser provided thereunder. II -C. Assignment of City's Purchase Option: After the City has exercised the City's Purchase Option, the City may, without the Owner's or transferee's consent, assign the City's Purchase Option to an Eligible Purchaser or to a government or non - profit organization that agrees to be subject to this Inclusionary Housing Covenants Declaration. Such assignment shall not extend any time limits contained in this Inclusionary Housing Covenants Declaration. II -D. Failure to Close: If the City exercises the City's Purchase Option pursuant to this Section, and fails to close escrow pursuant to the identified timeframes, the Owner may conduct an Extraordinary Sale under Article 3 - Section III. 2. If the City exercises the City's Purchase Option pursuant to a Prohibited Transfer, a Prohibited Sale or an Event of Default, and the City fails to close escrow pursuant to this Section, then the City shall be deemed to retain all remedies available under Article 5 - Section IV, II -E. Power of Attorney: By taking title to the Inclusionary Unit, the Owner grants to the City an irrevocable power of attorney that authorizes the City to act on the Owner's behalf to execute, acknowledge and deliver any and all documents related to the City's Purchase Option. III. Extraordinary Sale The purpose of this Section is to permit the sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser when an Eligible Purchaser has not been secured and the City's Purchase Option has not been exercised. III -A. Notice of Extraordinary Sale: The Owner shall notify the City of the Owner's intent to make an Extraordinary Sale by delivering a Notice of Extraordinary Sale in the form attached as Exhibit 6. 1. The Notice of Extraordinary Sale shall identify the Fair Market Value of the Inclusionary Unit. Incluslonary Housing Covenants Declaration Page 21 City of Santa Ana January 2015 2. The Owner shall be required to sell the Inclusionary Unit at a price not less than the Fair Market Value, unless otherwise approved by the City in writing. 3. All transfer documents relating to the Extraordinary Sale shall be submitted to the City for its review and approval as consistent with the terms of this Inclusionary Housing Covenants Declaration. III -B. Distribution of Proceeds; The Extraordinary Sales Price shall be distributed in the following priority to the extent funds are available; Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; 1. Brokerage commissions and similar transaction costs; 2. Repayment of the outstanding balance of the Senior Loan; 3. Payment to the City of the City Share of Excess Sales Proceeds; and 4. Any remaining amounts shall be paid to the Seller. III -C. Effect of Extraordinary Sale: 1. Upon the close of escrow for an Extraordinary Sale in compliance with the provisions of this Section, the purchaser shall acquire title to the Inclusionary Unit free and clear of the provisions of this Inclusionary Housing Covenants Declaration, including the City's Purchase Option. 2. Pursuant to Article 5 - Section I, and in accordance with this Section, the City agrees to execute, acknowledge and record a release of the Inclusionary Unit from the provisions of this Inclusionary Housing Covenants Declaration. 111 -D. Foreclosure Sale: In the event of a foreclosure sale, this Section shall impose the same obligations on the Owner and the City as in an Extraordinary Sale. All references to the "close of escrow" shall be replaced by "foreclosure sale." Inclusionary Housing Covenants Declaration Page 22 City of Santa Ana January 2015 32A -89 ARTICLE 4 LENDER PROVISIONS Senior Loan Mortgages, deeds of trust, or any other form of conveyance required for any reasonable method of financing as a Senior Loan are permitted, but only as follows: I -A. For the sole purpose of securing a purchase money loan of funds to be used by an Owner for financing the acquisition of the Inclusionary Unit. The Senior Loan must comply with the requirements imposed by Section IV -D of the Administrative Procedures Manual; or -B. For the sole purpose of refinancing a Senior Loan that was obtained by the Owner, and approved by the City, provided that the principal amount of such refinancing shall be limited to the outstanding principal then owed on the existing Senior Loan, plus any customary fees and costs associated with such current refinancing. II. Subordination II -A. This Inclusionary Housing Covenants Declaration shall be subordinate to the Senior Loan, so long as the Senior Lender agrees to the default and foreclosure provisions set forth in this Inclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in its sole discretion. II -B. In the event the City fails to timely cure a default under such Senior Loan, and the Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inclusionary Unit to Moderate Income Households or otherwise restricting the Senior Lender's ability to sell the Inclusionary Unit based upon income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Inclusionary Unit. II -C. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foreclosure, or deed in lieu of foreclosure, of such Senior Loan shall receive title to the Inclusionary Housing Covenants Declaration Page 23 City of Santa Ana January 2015 32A -90 Property free and clear from such restrictions, The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. III. Default and Foreclosure III -A. The City shall record a request for notice of default and any notice of sale under any deed of trust or mortgage with a power of sale encumbering the Inclusionary Unit pursuant to California Civil Code Section 2924b. Whether or not a request for a notice of default is recorded, the Owner shall provide a true and correct copy of any notice of default to the City within three (3) business days of the Owner's receipt. III -B. In the event of default and foreclosure, the City shall have the same rights as the Owner to cure any defaults and reinstate the Senior Loan prior to foreclosure sale or the acceptance of a deed in lieu of foreclosure by the Senior Lender. Such reinstatement shall be subject to the same fees, charges and penalties that would otherwise be assessed against the Owner. Nothing herein shall be construed as creating any obligation on the part of the City to cure any such default, nor shall this right to cure and reinstate operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. III -C. If the trustee set forth in Senior Lender's deed of trust sells the Inclusionary Unit at a foreclosure sale, the proceeds shall be delivered in the following priority to the extent funds are available: 1. Payment of all delinquent assessments, if any, to the extent required by the Project CC &Rs; 2. Payment of all sums due and owing under the Senior Loan, including without limitation the principal amount, interest, fees and costs of sale; 3. Payment to the City of the City Share of Excess Sales Proceeds; 4. Repayment of all sums due and owing to junior creditors; and 5. Any remaining amounts shall be paid to the Owner. III -D. By taking a loan from a Senior Lender, the Owner represents that it has provided the Senior Lender with the necessary consent and authorization Inclusionary Housing Covenants Declaration Page 24 City of Santa Ana January 2015 32A -91 to provide a monthly report of the payment status of the Owner and all other financial information concerning the Owner that the City reasonably requests. III -E. Except as otherwise expressly provided in a City approved subordination agreement, by making a loan to the Owner, Senior Lender grants to the City the option to purchase the Senior Loan from the Senior Lender at any time after the filing of a notice of default under the Senior Loan, but prior to consummation of the foreclosure or the giving of a deed -in -lieu of foreclosure for an amount equal to the entire indebtedness secured by the Senior Lender Deed of Trust: The City may exercise this option by giving Senior Lender written notice of its intent to do so: a. with respect to a foreclosure, at any time prior to the filing of a notice of sale under the Senior Loan; and b. with respect to a deed -in -lieu of foreclosure, within ten (10) days after receiving written notice from Senior Lender of its intent to accept a deed -in -lieu of foreclosure with respect to the Inclusionary Unit. 2. Upon receipt of such written notice from the City, the Senior Lender shall promptly give the City a written statement setting forth the amount of the total indebtedness secured by the Senior Lender Deed of Trust, which shall be the purchase price for the Senior Loan, and a copy of the policy of title insurance insuring the priority and validity of the Senior Lender Deed of Trust. 3. Within ten (10) days after the City gives such written notice, the City shall establish an escrow at the title company insuring the Senior Lender Deed of Trust and concurrently therewith give the Senior Lender written notice thereof, and the City shall deposit the purchase price in such escrow. 4. Within fifteen (15) days after the Senior Lender's receipt of notice of the opening of the escrow, the Senior Lender shall deposit in the escrow: the promissory note evidencing the Senior Loan endorsed in favor of the City; Inclusionary Housing Covenants Declaration Page 25 City of Santa Ana January 2015 32A -92 b. the original of the Senior Lender Deed of Trust; C. an assignment of the Senior Lender Deed of Trust duly executed by the Senior Lender and in recordable form; and d. all other documents, instruments, agreements, certificates and other items that evidence or secure the Senior Loan. III -F. The Senior Lender and the City shall execute and deliver escrow instructions and such other documents as may be reasonably necessary or appropriate in connection with such escrow and to implement the intent hereof. III -G. The escrow holder shall be instructed to close the escrow within two (2) business days after receipt of all such items and upon such close of escrow to issue to the City a CLTA Form No. 104.1 endorsement to the title policy, showing the City as Senior Lender's assignee with respect to the Senior Lender Deed of Trust. III -H. The City shall pay the escrow fees (irrespective of whether the escrow closes), recording fees and the premium for the CLTA Form No. 104.1 endorsement. Induslonary Housing Covenants Declaration Page 26 City of Santa Ana January 2015 32A -93 ARTICLE 5 MISCELLANEOUS I. Term of the Inclusionary Housing Covenants Declaration 1. This Inclusionary Housing Covenants Declaration shall become effective upon its execution and delivery. 2. This Inclusionary Housing Covenants Declaration shall terminate as to the Inclusionary Unit at the earliest of: a. as provided under the terms and conditions of any subordination agreement between a Senior Lender and the City; or b. upon the close of escrow for an Extraordinary Sale; or C. at the end of the Affordability Period. 3. Upon termination of the Affordability Period, on request of the then record Owner of the Property, the City shall execute, acknowledge and record a termination of the Inclusionary Housing Covenants Declaration and the City Deed of Trust. To the extent permitted by law, any unfulfilled obligations of any Owner shall survive the termination of the Inclusionary Housing Covenants Declaration, but it shall no longer affect title to the Property. II. Maintenance and Use 1. The Owner shall maintain the interior and exclusive use areas of the Inclusionary Unit in a clean, well maintained condition consistent with the neighborhood, as set forth in the Project CC &Rs. 2. The Inclusionary Unit shall be used and occupied by the Owner solely for residential purposes, and in addition to the residential purpose may also be used for any accessory uses that comply with the provisions of the Santa Ana Municipal Code, as it may be amended from time to time. 3. No Owner shall grant use of, rent or lease all or any part of the Inclusionary Unit, but shall occupy the Inclusionary Unit as its Primary Residence. Inclusionary Housing Covenants Declaration Page 27 City of Santa Ana January 2015 32A -94 4. The Owner shall comply with all of the use and maintenance provisions and obligations set forth in the Project CC &Rs. III. Default If the Owner defaults in the performance or observance of any covenant, condition or restriction of the Owner set forth in this Inclusionary Housing Covenants Declaration, and if such default remains uncured for a period of thirty (30) days after written notice has been given by the City (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), or in the event the Owner has provided false information or documentation required in connection with the purchase or resale of an Inclusionary Unit, then the City may declare an Event of Default has occurred. In that event, the City may exercise any or all of its rights or remedies under this Inclusionary Housing Covenants Declaration, including without limitation any or all of the following: by any suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants under this Inclusionary Housing Covenants Declaration or enjoin any unlawful acts; 2. take such other action at law or in equity as may appear necessary or desirable to enforce the Owner's obligations, covenants and agreements; and 3, in addition to the foregoing remedies, in the event that the Owner rents or resells the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, as restitution, the Owner shall forfeit, and the City shall have the right to recover the following monetary amounts: a. If the Owner rents the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, the Owner shall forfeit all monetary amounts obtained through the rental of the Inclusionary Unit. If the Owner resells the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, the Seller and the new Owner shall be jointly and severally liable to the City for an amount equal to difference between the Fair Market Value and the Affordable Sales Price for the Inclusionary Unit, However, the Incluslonary Housing Covenants Declaration Page 28 City of Santa Ana January 2015 32A -95 Executive Director has the discretion to allow the Seller and the new Owner to cure a violation of the resale requirements imposed by this Inclusionary Housing Covenants Declaration. All such restitution shall be made to the City. Any funds received by the City under this provision of the Inclusionary Housing Covenants Declaration shall be placed in the City's Inclusionary Housing Fund. IV. Default Remedies In addition to any other rights or remedies set forth in this Inclusionary Housing Covenants Declaration, or allowed by law or equity, in the event of a default by an Owner of any of the Owner's obligations under this Inclusionary Housing Covenants Declaration, that is not cured within the cure period provided below, the City may apply to a court of competent jurisdiction for specific performance of this Inclusionary Housing Covenants Declaration, or for an injunction prohibiting a proposed resale or transfer in violation of this Inclusionary Housing Covenants Declaration. V. Distribution of Insurance and Condemnation Proceeds If the Inclusionary Unit is condemned or the improvements damaged or destroyed, all proceeds from insurance or condemnation shall be distributed to the Owner, for purposes of restoring or replacing the Inclusionary Unit, unless the Senior Lender Deed of Trust, the City Deed of Trust or the Project CC &Rs provide otherwise. In that case, the Senior Lender Deed of Trust, the City Deed of Trust and the Project CC &Rs shall control, in that order of priority. VI. Attorneys' Fees and Costs If any action is brought to enforce the terms of this Inclusionary Housing Covenants Declaration, the prevailing party shall be entitled to reasonable attorneys' fees and costs. VII. Controlling Agreement The Owner covenants that it has not knowingly executed, and will not knowingly execute, without the City's prior written approval, any other agreements with provisions contradictory to or in opposition to the provisions of this Inclusionary Housing Covenants Declaration. Inclusionary Housing Covenants Declaratlon Page 29 City of Santa Ana January 2015 32A -96 VIII. Severability If any one or more of the provisions contained in this Inclusionary Housing Covenants Declaration for any reason shall be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Inclusionary Housing Covenants Declaration, and this Inclusionary Housing Covenants Declaration shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. IX. Time of the Essence Time is of the essence for this entire Inclusionary Housing Covenants Declaration. Whenever the time for performance falls on a day which is not a business day, such time for performance shall be extended to the next business day. X. Covenants Running with the Land All provisions of this Inclusionary Housing Covenants Declaration, including the benefits and burdens, are equitable servitudes, run with the land and are binding upon the heirs, successors, assigns and personal representatives of the Owner hereto and inure to the benefit of the City and permitted successors and assigns. The covenants benefit and bind the City, the Inclusionary Unit and the Owner thereto. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Inclusionary Unit or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to this Inclusionary Housing Covenants Declaration regardless of whether the other party or parties have actual knowledge of this Inclusionary Housing Covenants Declaration. XI. Construction The rule of strict construction does not apply to this Inclusionary Housing Covenants Declaration. This Inclusionary Housing Covenants Declaration shall be given a reasonable construction to prevent any use of the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine pronouns shall include the feminine and neuter, and vice versa. Inclusionary Housing Covenants Declaration Page 30 City of Santa Ana January 2015 32A -97 XII. Indemnification The Owner agrees to indemnify and hold harmless the City and its respective officers, directors, employees and agents from and against all liabilities, losses, claims, damages, judgments, costs and expenses (including, without limitation, reasonable attorney's fees) incurred by the City arising out of or relating to any negligent or wrongful action by the Owner with respect to the Inclusionary Unit. The Owner agrees that if any claims, demands, suits or other legal proceedings are made or instituted by any person against the City that arise out of any of the matters relating to this Inclusionary Housing Covenants Declaration, the Owner shall cooperate fully with the City in the defense or other disposition. XIII. Entire Inclusionary Housing Covenants Declaration and Modifications This Inclusionary Housing Covenants Declaration may be modified only in a writing duly signed by the Owner and an authorized agent of the City. The modifications shall become effective when recorded in the official records of Orange County, California. XIV, No Discrimination Notwithstanding the following, the Owner acknowledges under this Inclusionary Housing Covenants Declaration that it is expressly prohibited from renting or leasing the Inclusionary Unit, and is required to occupy the Inclusionary Unit as its Primary Residence at all times: 1. The Owner covenants by and for itself, its successors, and its assigns that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, source of income, age, physical or mental handicap, medical condition, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Inclusionary Unit. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 2. All deeds and contracts made relative to the Inclusionary Unit shall contain or be subject to the following non - discrimination or non - segregation clauses set forth in H &SC Section 33436 in substantially the same form: Incluslonary Housing Covenants Declaration Page 31 City of Santa Ana January 2015 32A -98 a. In deeds: 'The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed. The foregoing covenants shall run with the land." b. In contracts: 'There shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed. The foregoing covenants shall run with the land." XV. Notices 1. All notices, demands, requests for approval and other communications provided for in this Inclusionary Housing Covenants Declaration shall be in writing and shall be deemed received if sent to the addresses set forth below: a. on the date of delivery when personally delivered; b. one business day after deposit with a reputable overnight courier or delivery service with all delivery charges paid; or C. date of receipt by party if deposited in the United States first class mail, postage prepaid, registered or certified, return receipt requested. 2. Either party may change its address by notice delivered in the manner specified above. Inclusionary Nousing Covenants Declaration Page 32 Clty of Santa Aria January 2015 32A -99 If to City: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 If to Owner: at the Inclusionary Unit address IN WITNESS WHEREOF, the City and the Homebuyer have duly executed this Inclusionary Housing Covenants Declaration as of the dates set forth below. [Signatures on Following Pages] Inclusionary Housing Covenants Declaratlon Page 33 City of Santa Ana January 2015 32A -100 SIGNATURE PAGE TO INCLUSIONARY HOUSING COVENANTS DECLARATION CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation By: Name: Its: Date: APPROVED AS TO LEGAL FORM: A Name: City Attorney City of Santa Ana RECOMMENDED FOR APPROVAL: Executive Director Community Development Agency Inclusionary Housing Covenants Declaration Page 34 City of Santa Ana August 11, 2014 32A -101 SIGNATURE PAGE TO INCLUSIONARY HOUSING COVENANTS DECLARATION Homebuyer: 0 Name: Date: ►FTiM Date: Inclusionary Housing Covenants Declaration Page 35 City of Santa Ana August 11, 2014 32A -102 EXHIBIT 1 PROPERTY DESCRIPTION [To Be Inserted.] Incluslonary Housing Covenants Declaration Property Description January 2015 32A -103 EXHIBIT 2 OCCUPANCY RECERTIFICATION FORM Inclusionary Housing Covenants Declaration Occupancy Recertlflcation Form January 2015 32A -104 CERTIFICATION OF CONTINUED OCCUPANCY Date: Owner(s) Name: Address: We are the Owners of an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose. By this Certification, we declare under penalty of perjury that: 1. We currently occupy the Inclusionary Unit; and 2. We have occupied the Inclusionary Unit for at least 10 out of the past 12 months; and 3. We have not used the Inclusionary Unit for any other purpose than as our Primary Residence; and 4. We are not renting or leasing any part of the Inclusionary Unit to another party. We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Inclusionary Unit. We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and /or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 1001, et seq. [Signatures on the Following Page] Inclusionary Housing Covenants Declaration Page 1 Occupancy RecertlFlcation Form January 2015 32A -105 SIGNATURE PAGE TO OCCUPANCY RECERTIFICATION FORM Owner: Signature: Print Name: Date: Telephone: Signature: Print Name: Date: Telephone: Co: Owner Incluslonary Housing Covenants Declaration Page 2 Occupancy RecertlFlcatlon Form January 2015 32A -106 EXHIBIT 3 NOTICE OF INTENT TO TRANSFER Incluslonary HousincJ Covenants Declaration Notice of Intent to Transfer January 2015 32A -107 Date To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned , Owner of the Inclusionary Unit located at , Santa Ana, California, hereby notifies you of its intent to transfer in compliance with Article 2 of the Inclusionary Housing Covenants Declaration. The reason or circumstances relating to such transfer are as follows: . Any additional information reasonably required regarding the proposed transferee shall be provided to you immediately upon request. The undersigned acknowledges that all applicable time periods under the Inclusionary Housing Covenants Declaration commence only upon the City's receipt of this notice. The undersigned further acknowledges and agrees that any such transfer shall be subject to the provisions of the Inclusionary Housing Covenants Declaration. Owner Inclusionary Housing Covenants Declaratlon Page 1 Notice of Intent to Transfer January 2015 32A -108 EXHIBIT 4 ASSUMPTION AGREEMENT Incluslonary Housing Covenants Declaration Assumption Agreement January 2015 32A -109 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded without fee. (Space Above This Line For Recorder's Use Only) (Government Code, §§ 8103 and 27383) DISCLOSURE, ACKNOWLEDGMENT AND ASSUMPTION AGREEMENT THIS DISCLOSURE, ACKNOWLEDGMENT AND ASSUMPTION AGREEMENT (Assumption Agreement) made among ( "Owner"), ( "Transferee ") and the CITY OF SANTA ANA ( "City "). RECITALS A. The Owner is the current owner of the real property commonly known as _ , Santa Ana, California, and now particularly described on Exhibit A, which together with all improvements located thereon is referred to in this Assumption Agreement as the "Inclusionary Unit ". B. The Owner wishes to transfer and convey to the Transferee the Inclusionary Unit; and C. The Inclusionary Unit is subject to the restrictions applied by the Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement recorded on , 20_, as Document No. in the Official Records of Orange County, California (the "Inclusionary Housing Covenants Declaration ") that imposes resale controls on the Inclusionary Unit; and Inclusionary Housing Covenants Declaration Page 1 Assumption Agreement January 2015 32A -110 D. The obligations set forth in the Inclusionary Housing Covenants Declaration are secured by a Deed of Trust recorded against the Inclusionary Unit on 20_, as Document No. in the Official Records of Orange County, California (the "City Deed of Trust "); and E. The Transferee is acquiring, the Inclusionary Unit and will assume the obligations of an Owner under the Inclusionary Housing Covenants Declaration and as Trustor under the City Deed of Trust. F. Capitalized terms used herein, and not defined in this Assumption Agreement, shall have the meanings set forth in the Inclusionary Housing Covenants Declaration and the City Deed of Trust. The parties to this Assumption Agreement agree to the following: 1. The Transferee hereby acknowledges and agrees to the following: a. The Inclusionary Unit is subject to the Inclusionary Housing Covenants Declaration that are secured by the City Deed of Trust. The Transferee acknowledges that it has received a copy of the Inclusionary Housing Covenants Declaration, and agrees to be bound by all the conditions and covenants contained therein. b. The Transferee shall occupy and continually use the Inclusionary Unit as the Transferee's Primary Residence during the Affordability Period as defined in the Inclusionary Housing Covenants Declaration. C. The Transferee's right to resell the Inclusionary Unit at the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase the Inclusionary Unit from the Transferee at the Affordable Sales Price: Under a Permitted Sale, the Inclusionary Unit must be sold at the Affordable Sales Price. The Inclusionary Unit will not necessarily appreciate in value during the duration of its ownership. ii. In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or Inclusionary Housing Covenants Declaration Page 2 Assumptlon Agreement January 2015 32A -111 pursuant to a foreclosure sale, the Transferee must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50 %) of the difference between the Affordable Sales Price and the Net Resale Proceeds received from the sale of the Inclusionary Unit. ill. Any resale or transfer of the Inclusionary Unit in violation of the Inclusionary Housing Covenants Declaration shall be voidable by the City. d. The Transferee is not permitted to refinance a Senior Loan that is secured by the Property for more than the outstanding principal amount of that Senior Loan plus the customary fees and costs associated with obtaining the new Senior Loan. e. The Inclusionary Unit is subject to the Project CC &Rs. The Transferee acknowledges and agrees that it is obligated to comply with all of the terms, conditions, covenants and restrictions set forth in the Project CC &Rs. 3. The City hereby consents to the transfer of the Inclusionary Unit to the Transferee under a Permitted Transfer as defined in the Inclusionary Housing Covenants Declaration. 4. All questions with respect to the interpretation of this Assumption Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. 5. This Assumption Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. 6. The Transferee hereby grants to the City an irrevocable power of attorney coupled with an interest to act on Buyer's behalf to execute, acknowledge and deliver any and all documents relating to the City's Purchase Option under Article 3 — Section II of the Inclusionary Housing Covenants Declaration. Executed on , 20_, at Santa Ana, California. [Signatures on Following Pages] incluslonary Housing Covenants Declaration Page 3 Assumption Agreement January 2015 32A -112 SIGNATURE PAGE TO ASSUMPTION AGREEMENT Owner: By: Date: Transferee: By: Date: City: By: _ Date: Its: IN Attest: Incluslonary Housing Covenants Declaration Page 4 Assumption Agreement January 2015 32A -113 EXHIBIT A LEGAL DESCRIPTION [To Be Inserted.] Incluslonary Housing Covenants Declaratlon Page 1 Assumption Agreement— Legal Description January 2015 32A -114 EXHIBIT 5 NOTICE OF INTENT TO SELL Inclusionary Housing Covenants Declaration Notice of Intent to Sell January 2015 32A -115 Date To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned , Owner of the Inclusionary Unit located at Santa Ana, California, hereby notifies you of its intent to resell the Inclusionary Unit in compliance with the requirements imposed by Article 3 of the Inclusionary Housing Covenants Declaration.. The undersigned acknowledges that all applicable time periods under the Inclusionary Housing Covenants Declaration commence only upon the City's receipt of this notice. Owner Incluslonary Housing Covenants Declaration Page 1 Notice of Intent to Sell January 2015 32A -116 EXHIBIT 6 NOTICE OF EXTRAORDINARY SALE Inclusionary Housing Covenants Declaration Notice of Extraordinary Sale January 2015 32A -117 The undersigned , is the Owner of the Inclusionary Unit located at Santa Ana, California. On , 20_, Owner provided City with written notice of its intent to sell the Inclusionary Unit. Owner has failed to identify an Eligible Purchaser in accordance with Article 3 — Section I of the Inclusionary Housing Covenants Declaration, and the City has failed to exercise the City's Purchase Option pursuant to Article 3 — Section II. Accordingly, Owner hereby notices the City of its intent to make an Extraordinary Sale of the Inclusionary Unit in accordance with Article 3 — Section III of the Inclusionary Housing Covenants Declaration. Attached herewith is the estimate of the Fair Market Value for the Inclusionary Unit as defined in the Inclusionary Housing Covenants Declaration. Owner hereby acknowledges that the City shall retain City's Purchase Option until the time that Owner has accepted in writing an offer to purchase the Inclusionary Unit from a buyer, and that all applicable time periods for an Extraordinary Sale under the Agreement commence only upon City's receipt of this Notice. Owner Inclusionary Housing Covenants Declaratlon Page 1 Notice of Extraordinary Sale January 2015 32A -118 EXHIBIT 6 CITY DEED OF TRUST Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -119 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded without fee. (Space Above This Line For Recorder's Use Only) (Government Code, §§ 8103 and 27383) DEED OF TRUST AND SECURITY AGREEMENT APN: fto be inserted) There are restrictions on the sale of the Property encumbered by this City Deed of Trust, as contained in that certain Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement ( "Inclusionary Housing Covenants Declaration "). Except for a Transfer to the City of Santa Ana ( "City ") or City's assignee following the City's exercise of the City' Purchase Option, this Property may only be sold to an Eligible Purchaser at a price not to exceed the defined Affordable Sales Price. The Inclusionary Housing Covenants Declaration also restricts the extent to which this Property may be encumbered by junior financing and limits the Trustor's rights to refinance Senior Loans. THIS DEED OF TRUST AND SECURITY AGREEMENT ( "City Deed of Trust ") is made this �day of , 20__, among (insertnameof Trustor ( "Trustor "), whose address is (insert address of Trustor , fnnsert name of title companvl ( "Trustee "), whose address is [insert address of title company], and the City of Santa Ana (referred to variously as "City" or "Beneficiary"), whose address is 20 Civic Center Plaza, California 92701 as Beneficiary. Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor's right, title and interest now owned or hereafter acquired in and to the real property in the City of Incluslona y Housing Covenants Declaration Page 1 Assumption Agreement 32A -120 August 11, 2014 Santa Ana, Orange County, California, described on Exhibit 1 attached hereto and incorporated herein by this reference, together with the Improvements constructed thereon and all other property and interests of any kind or character that may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements. RECITALS A. Trustor is the owner of the Property located at , Santa Ana, California and more particularly described in the attached Exhibit A. B. The Trustor's predecessor in interest developed the Property pursuant to the City's Housing Opportunity Ordinance ( "Ordinance "), which regulations require developers of ownership housing to construct within their projects units that are affordable to Moderate Income Households. These regulations require the Property to be subjected to restrictions on resale that ensure that the Property remains affordable. C. In connection with the Ordinance, Beneficiary and Trustor entered into a Inclusionary Housing Covenants Declaration dated as of and recorded in the Official Records of Orange County substantially concurrently herewith (capitalized terms used without definition herein have the meaning ascribed to such terms in the Inclusionary Housing Covenants Declaration). D. Pursuant to the Inclusionary Housing Covenants Declaration, the Trustor is obligated, among other requirements, to sell the Property only to Eligible Purchasers at a price not in excess of the Affordable Sales Price. E. The Inclusionary Housing Covenants Declaration also provides that: 1. Trustor is obligated to notify the Beneficiary of the Trustor's intent to sell the Property in order to enable Beneficiary to exercise the City's Purchase Option at the Affordable Sales Price; 2, The Beneficiary may exercise the City's Purchase Option if the Trustor defaults under the Inclusionary Housing Covenants Declaration; and Incluslonary Housing Covenants Declaration page 2 Assumption Agreement 32A -121 August 11, 2014 There are restrictions on Trustor's ability to encumber the Property and to refinance the Senior Loans secured by the Property. Incluslonary Housing Covenants Declaration Page 3 Assumption Agreement August 11, 2014 32A -122 DEFINITION OF TERMS As used in this City Deed of Trust, the terms set forth below shall have the following meanings: Administrative Procedures means the Affordable Ownership Housing Administrative Procedures promulgated by the Executive Director pursuant to the Ordinance. Affordable Housing Cost means the maximum price of an Inclusionary Unit, as calculated under the requirements imposed by H &SC Section 50052.5. The calculation methodology is described in Section VI of the Affordable Ownership Housing Administrative Procedures Manual. Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordable Sales Price means the maximum price that can be charged for an Inclusionary Unit, The Affordable Sales Price is equal to the lesser of: The sum of the Supportable Mortgage plus the Benchmark Down Payment; or 2. The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to the Inclusionary Housing Agreement. The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly. Benchmark Down Payment is a component of the Affordable Sales Price calculations. For the purposes of the Administrative Procedures, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. Beneficiary refers to the City as the provider of the City Shared Appreciation Loan, and otherwise defined as the Subordinate Lender. Truster means the person or persons described as the Truster in the introductory paragraph of this City Deed of Trust. Inclusionary Housing Covenants Declaration Page 4 Assumption Agreement 32A -123 August 11, 2014 City means the City of Santa Ana, California, City Deed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration. City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 — Section II of the Inclusionary Housing Covenants Declaration. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in the Administrative Procedures. Exempt Transfer means the following: 1. A transfer resulting from the death of the Owner; 1. A transfer by the Owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit; 2. A transfer of title to a spouse or domestic partner as part of divorce or dissolution proceedings; and 3. A transfer by the Owner into a trust in which the Owner or Owners are beneficiaries, provided that the Owner or Owners continue to maintain the Inclusionary Unit as their Primary Residence. 4. A transfer by the Owner of a non - possessory interest in the Property, such as an easement or license for utilities or other like purposes; the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non - exclusive common area rights of any Owner located in a common interest subdivision development. 5. A condemnation, or conveyance in lieu of condemnation, that does not preclude the Owner's continued use and occupancy of the Inclusionary Unit, such as a street widening or other incidental taking that does not preclude continued occupancy of the Inclusionary Unit, or a taking of an interest in a portion of the common area appurtenant to any Inclusionary Unit located in a common interest development. Extraordinary Sale means a sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser, when an Eligible Purchaser has not been secured within Inclusionary Housing Covenants Declaration Page 5 Assumption Agreement 32A -124 August 11, 2014 the timeframes required by this Inclusionary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the timeframes allowed pursuant to this Inclusionary Housing Covenants Declaration. Fair Market Value means the value of the Inclusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. H &SC shall mean the California Health and Safety Code, Inclusionary Housing Covenants Declaration means the Declaration of Inclusionary Housing Covenants, Conditions and Restrictions. Inclusionary Unit means the completed affordable owner - occupied housing unit, that is being purchased by the Trustor. Moderate Income refers to Households whose incomes meet the standards defined by the H &SC Section 50093. Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income. Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 7, 2011, which is codified in Article XVIII.1 Section 41- 1900 et seq. of the City's Municipal Code. Owner means the current owner of the Inclusionary Unit. Primary Residence is defined as the only home that may be owned by the Owner. The Owner must reside in the Inclusionary Unit for not less than 10 out of every 12 months. Property means the real property on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this City Deed of Trust. Rents means all rents, issues, profits, royalties, revenues, income and other benefits derived from the Property. Inclusionary Housing Covenants Declaration Page 6 Assumption Agreement 32A -125 August 11, 2014 Senior Lender means a bank, savings and loan association, insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engaged in making residential real estate loans. Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Inclusionary Unit, or a refinancing approved by the City, which loan is in a lien position prior to the Inclusionary Housing Covenants Declaration. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate. See Section VI -B of the Administrative Procedures Manual for an explanation of the calculation methodology. Trustee means the title company that insures title for the Inclusionary Unit that is subject to the City Deed of Trust. Trustor means the Trustor that enters into the City Deed of Trust that secures the City Shared Appreciation Loan. Inclusionary Housing Covenants Declaration Page 7 Assumption Agreement 32A -126 August 11, 2014 ARTICLES 1. Grant in Trust. Trustor, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale, all estate, right title and interest which Trustor now has or may later acquire the Property together with all of the following: all improvements now or hereafter located or constructed on the Property and all replacements and additions thereto; all easements, rights of way, appurtenances and other rights used in connection with the Property or as a means of access thereto; all fixtures now or hereafter attached to or used in and about the Property or the improvements located thereon or hereafter located or constructed on the Property, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements in any manner; and all leases, subleases, licenses and other agreements relating to use or occupancy of the Property, and all rents or other payments that may now or hereafter accrue or otherwise become payable to or for the benefit of Trustor (whether or not such Leases and Rents are permitted by the Inclusionary Housing Covenants Declaration). All of the above - referenced Property, improvements, appurtenance, fixtures and equipment, leases and rents are herein referred to collectively as the "Security ". 2. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing payment and performance of the following: (a) the City Share of Excess Proceeds in the event of an Extraordinary Sale or a foreclosure sale; and (b) Trustor's obligations under the term of the Inclusionary Housing Covenants Declaration. 3. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary. Inclusionary Housing Covenants Declaratlon J Page 8 Assumption Agreement 32A-1 1 2 / August 11, 2014 4. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term "extended coverage," and any other hazards for which Beneficiary requires insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall set at the full replacement value of the Inclusionary Unit based on the then current City Building Code. The liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated. S. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Truster shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this City Deed of Trust. 6. Payment of Taxes and Liens. Truster shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior to this City Deed of Trust; and (c) upon demand all costs, fees and expenses of this City Deed of Trust. If Truster fails to make any payment or to do any act provided for in this City Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Truster, and without releasing Truster from any obligation under this City Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this City Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' fees. 7. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this City Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate allowed by law. Incluslonary Housing Covenants Declaration Page 9 Assumption Agreement August 11, 2014 32A -128 8. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay. 9. Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this City Deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." 10. Default and Foreclosure. Upon default by Trustor in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this City Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this City Deed of Trust. Upon default of any obligation secured by this City Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this City Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3433. 11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this City Deed of Trust is recorded and the name and address of the new Trustee. Incluslonary Housing Covenants Declaration Page 10 Assumption Agreement 32A -129 August 11, 2014 12. Successors and Assigns. This City Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term 'Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Inclusionary Housing Covenants Declaration whether or not named as Beneficiary herein. 13. Trustee Acceptance. Trustee accepts this trust when this City Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this City Deed of Trust, or for filing, registering, or recording this City Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this City Deed of Trust, and thereafter from time to time, Trustor shall cause this City Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby. 15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and Inclusionary Housing Covenants Declaration page 11 Assumption Agreement August 11, 2014 32A -130 empowers Beneficiary as attorney -in -fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney -in -fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this City Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require. 16. Severability. If any one or more of the provisions contained in this City Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this City Deed of Trust, but this City Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity. Inclusionary Housing Covenants Declaration Page 12 Assumption Agreement 324 -131 August 11, 2014 17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this City Deed of Trust and any right of set -off, counterclaim or other defense which exists against such sums and the obligations of this City Deed of Trust. 18. Due -On -Sale or Encumbrance. Except for Exempt Transfers approved by the City, if all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted by this City Deed of Trust. 19. Subordination. This City Deed of Trust shall be subordinate to the Senior Loan, so long as the Senior Lender agrees to the default and foreclosure provisions set forth in the Inclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in its sole discretion. In the event the City fails to timely cure a default under such Senior Loan, and the Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inclusionary Unit to Moderate income households or otherwise restricting the Senior Lender's ability to sell the Inclusionary Unit based upon income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Inclusionary Unit. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foreclosure, or deed in lieu of foreclosure, of such Senior Loan shall receive title to the Property free and clear from such restrictions. The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. Inclusionary Housing Covenants Declaration Page 13 Assumption Agreement August 11, 2014 32A -132 The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth. TRUSTOR: By: Name: By: Name: Inclusionary Housing Covenants Declaration Page 14 Assumption Agreement 32A -133 August 11, 2014 EXHIBIT 1 LEGAL DESCRIPTION Situated in the State of California, City of Santa Ana, County of Orange, and described as follows: [Insert legal description] Deed of Trust— Legal Desorlptlon Page 1 City of Santa Ana 32A -134 fAdd Notary Acknowledamentsl Deed of Trust — Notary Acknowledgments Page 1 Clly of Santa Ana 32A -135 EXHIBIT 7 CALCULATIONS OF AFFORDABLE SALES PRICE Incluslonary Housing Agreement— Ownership Project City of Santa Ana 32A -136 AFFORDABLE SALES PRICE CALCULATIONS MODERATE INCOME HOUSEHOLDS SECTION 50052.5 CALCULATIONS: 2016 HOUSING OPPORTUNITIES ORDINANCE SANTA ANA, CALIFORNIA Income Benchmark Household Size Household Income % of Income Allocated to Housing Income Allotted to Housing Ongoing Expenses Utilities (Orange County Housing Authority 1/1/2016) Maintenance & Insurance Property Taxes @ 1.16% of Affordable Price Total Expenses Income Available for Mortgage Affordable Housing Price Supportable Mtg @ 3.75% Interest Home Buyer Down Pymt @ 5% Affordable Price Maximum Purchase Price 1 -Bdrm 2 -Bdrm 3•3drm 4 -8drm 2 3 4 5 $76,725 $86,350 $95,920 $103,620 35% 35% 35% 35% $26,850 $30,22D $33,570 $36,270 $1,104 $1,248 $1,776 $1,992 2,100 2,400 2,700 3,000 3,968 4,458 4,888 5,256 $7,172 $8,106 $9,364 $10,248 $19,678 $22,114 $24,206 $26,022 $354,100 $397,900 $435,600 $468,200 17,100 19,200 21,100 22,700 $371,200 $417,100 $456,700 $490,900 Updated April 2016 Prepared by: Keyser Marston Associates, Inc. Filename: H00 Affordable Sale Price Calcuatlon Template - UpdahZrY 1137 qtr Own _SA(2) Page 1of1 EXHIBIT 8 DEVELOPER'S PHASING MAP Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -138 _r IY Y; v —ir 32A -139 i fe'f r ya C J 4^ H W U G U EXHIBIT S LEGAL DESCRIPTION OF INCLUSIONARY UNITS Incluslonary Housing Agreement - Ownership Project City of Santa Ana 32A -140 Order Number: OSA- 4847176 (50) Page Number: 9 LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: THE NORTH 145.43 FEET OF THE SOUTH 495.43 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH,RANGE 10 WEST, S. B. B. & M. PARCEL 2: AND UNDIVIDED 3 /45THS INTEREST IN THE WELL LOT IN THAT PORTION OF THE SOUTH EAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH RANGE 10 WEST, 5.133 & M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 9, DISTANT NORTHERLY 152 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE 89 DEGREES 25' 00" WEST 367.25 FEET AND NORTH 0 DEGREES 28'00" WEST 95.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 28'00" WEST 25 FEET; THENCE NORTH 89 DEGREES 25'00" EAST 25 FEET; THENCE SOUTH 0 DEGREES 28'00" EAST 25 FEET; THENCE SOUTH 89 DEGREES 25'00" WEST 25 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THE RIGHT TO USE THE PIPE LINE RUNNING FROM THE PUMPING PLANT AND WELL ON SAID LAND TO THE EXTERIOR BOUNDARY LINE OF SAID LAND, AND THE RIGHT TO MAINTAIN, REPLACE, AND RENEW SAID PIPE LINES AND PUMPING PLANT, SAID RIGHT TO BE USED IN COMMON WITH OTHERS. APN: 198- 043 -16 r1rstAmer1can Tltle 32A -141 32A -142 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2016 TITLE; RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET PHASE 3A IMPROVEMENTS BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1G & 3, 2C) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO %) OP,016 � FILE NUMBER Adopt a resolution approving the Relocation Plan for Bristol Street Phase 3A Improvements between Civic Center Drive and Washington Avenue. DISCUSSION Bristol Street is a north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mite Bristol Street segment from Warner Avenue to Memory Lane is a long -term priority project that will be constructed in several phases. Improvements include widening the street from two to three lanes in each direction, constructing raised landscape medians, and installing bike lanes. The Public Works Agency is acquiring property for development of Phase 3A, bounded by Civic Center Drive and Washington Avenue (Exhibit 1). The right -of -way acquisition process is expected to be completed by spring 2017, with construction scheduled to begin in summer 2017. Pursuant to California Government Code, a public entity is required to adopt a relocation plan by resolution whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. In conformance with this provision, the City prepared a Bristol Street Phase 3A Relocation Plan (Relocation Plan) to outline the requirements for moving and reestablishing displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided (Exhibit 2). Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the total estimated relocation cost is approximately $3.12 million. The resolution adopting the Relocation Plan requires Council approval before the property acquisitions can proceed. 55A -1 Relocation Plan for Bristol Street Phase 4 Between Warner and St. Andrew May 3, 2016 Page 2 The Draft Relocation Plan was made available for public review for 30 days beginning March 31, 2016, at the Santa Ana Main Library, the City Clerk's Office, the Public Works Agency public counter, and on the City's website. Each potential displaced occupant and affected property owner was given an advisory notice regarding the availability of the Relocation Plan and the opportunity to submit questions and comments by April 30, 2016. All comments /questions and responses have been incorporated into the Relocation Plan that is presented here for Council approval. 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also 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), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the proposed improvement as the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications related to Phase 3A, an Addendum to the FEIS /EIR was prepared and adopted according to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funding for the estimated cost of $3,114,470 is available in the Bristol Street Improvements Project (No. 136792): $1,557,235 in the Select Street Construction Fund (Account No. 05917661- 66220), and $1,557,235 in the Measure M2 Street Construction Fund (Account No. 03217663 - 66220). Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to change: 55A -2 Relocation Plan for Bristol Street Phase 4 Between Warner and St. Andrew May 3, 2016 Page 3 Account No. Fiscal Year Amount 05917661 -66220 2015 -2016 $250,000.00 03217663 -66220 2015 -2016 $250,000.00 05917661 -66220 2016 -2017 $1,307,235.00 03217663 -66220 2016 -2017 $1,307,235.00, TOTAL $3,114,470.00 FM /EWG /KN Exhibits: 1. Location Map 2. Relocation Plan 3. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: �1�5R!,ZkIax Francisco Gutierrezr9 Executive Director Finance & Management Services Agency 55A -3 55A -4 N (NTS) MATCHLINE SEE BELOW RIGHT 405 262 -2% 10TH STREET 05- 262-26 44m5 - 262 -25 405 -26224 405- 262 -23 WSTREET 5 262 22 415-262 Y _Ji ��LEEEGGGEENTTTD: I/ / / PROJECT LOCar�t]N SANTA ANA CITY COUNCIL P W A AGENDA DATE: u MAY 03, 2016 PUBLIC WORKS AGENCY CIVIC CENTER DR. I ------------- j L ---- I--- WASHINGTON AVENUE 271 12 A ^ -11 n I m I (121 12TH STRE 405 -2s -10 a m _ �? 405- 27*, -09 N RG v 405- 262 -33 m m -- m 405- 262 -32 11TH STRE T — —. 405-262 -3. WI N . I N -� 405- 262 -]0 m m - dl m 111_J D5- 262 -29 N � 495- 262 -26 10TH MATCHLINE SEE TOP LEFT EXHIBIT 1 RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO, 136792 NONGENERAL FUND) (Strategic Plan No. 6, 1, G; and 3, 2, C( 55A -5 PAGE 1 OF 1 'P�PM ADVISORY NOTICE March 31 2016 On behalf of the City of Santa Ana, we are notifying you that the draft Relocation Plan for the Bristol Street Improvement Project — Civic Center Drive to Washington Avenue (Phase III A) has been completed. The Plan will be available for a period of thirty (30) days for public review and comment beginning Thursday March 31, 2016. All written comments regarding the Plan should be submitted no later than 5:00 p.m., Saturday, April 30, 2016. The Relocation Plan is available for your review at the following locations: City of Santa Ana 20 Civic Center Plaza City Hall, 8th Floor Santa Ana, CA 92701 Monday — Thursday (8 am — 5 pm) Alternate Fridays (8 am — 4pm) City of Santa Ana 20 Civic Center Plaza Ross Annex Bldg, 1" Floor Santa Ana, CA 92701 Monday — Thursday (8 am — 5 pm). Alternate Fridays (8 am — 4 pm) The draft Relocation Plan will also be posted at the following link: www.santa-ana.o[g/pwa/bristoistreetwideningproiect4.asp. City of Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Monday — Thursday (10 am —9 pm) Friday and Saturday (10 am — 6 pm) Sunday (12 pm — 4 pm) If you have any comments regarding the draft Relocation Plan or the proposed project, submit your written comments by Saturday April 30, 2016 to: Ms. Daniela Borbe Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 Be' dugc giup da bang tie'ng Viet An vui Idng lien lac (562) 304 -2000 Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200, Irvine, CA 92618 (949) 951 -5263 tel Exhibit 2 (949) 951 -6651 fax 55A -7 NOTA DE AVISO 31 de Marzo del 2016 A favor de la Cuidad de Santa Ana, le notificamos que el Proyecto de Plan de Reubicaci6n pare el proyecto de la Mejora de la calle Bristol — Civic Center Drive a Washington Avenue (Fase IIIA) se ha completado. El Plan estara disponible por un perfodo de treinta (30) dfas para revision y comentario publicos que empiezan el Jueves, 31 de Marzo del 2016. Todos comentarios con referencia al Plan, deben ser sometidos por escrito a mas tardar las 5:00 de la tarde, el Sabado, 30 de Abril del 2016. El Plan de la Recolocacidn esta disponible pare su revision en las ubicaciones siguientes: City of Santa Ana 20 Civic Center Plaza City Hall, 8th Floor Santa Ana, CA 92701 Lunes — Jueves (8 am — 5 pm) Cada otro Viernes (8 am — 4pm) City of Santa Ana 20 Civic Center Plaza Ross Annex Bldg, 1St Floor Santa Ana, CA 92701 Lunes - Jueves 8:00am — 4:00pm Cada otro Viernes (8 am — 4 pm) City of Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Lunes - Jueves (10 am — 9 pm) Viernes - Sabado (10 am — 6 pm) Domingo (12 pm — 4 pm) El redacte Plan de Reubicaci6n tambien se publicaran en el siguiente enlace: wvvw.santa-ana.oLg/pwa/bristoistreetwideningproiect4.asp. Si tiene cualquiera comentario con respecto al Plan o el proyecto propuesto, envie tus comentarios por escrito por el Sabado, 30 de Abril de 2016 a: Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200, Irvine, CA 92618 (949) 951 -5263 tel (949) 951 -6651 fax Atencion: Ms. Daniela Borbe Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 y � • Bristol Street Improvement Project Civic Center Drive to Washington Avenue (Phase 3A) Final Relocation Plan Prepared for: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 0 Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, California 92618 (949) 951-5263 May 2, 2016 CCM 05/03/2016 55A (updated page) 55A -9 Introduction.......................................................................................................................... ..............................1 I. Project Area Description ............................................................................................. ..............................z A. Project Site Location ......................................................................................... ..............................z B. Project Description ........................................................................................... ..............................z C. General Demographic and Housing Characteristics ...................................... ............................... 4 II. Assessment of Relocation Needs ............................................................................... ..............................5 A. Survey Methods ................................................................................................ ..............................5 B. Field Survey Data — Residential ......................................................................... ..............................5 1. Housing Mix ............................................................................................... ..............................6 z. Occupancy Standards ............................................................................... ............................... 6 3. Income ......................................................................................................... ..............................7 4. Ethnicity/ Language ..................................................................................... ..............................7 5. Households with Seniors ............................................................................ ..............................7 6. Households with Disabilities ...................................................................... ..............................7 7. Preferred Relocation Areas ...................................................................... ............................... 8 C. Field Survey Data — Non - Residential ............................................................... ............................... 8 III. Relocation Resources .............................................................................................. ............................... 10 A. Methodology .................................................................................................... .............................10 B. Replacement Housing /Commercial Site Availability ..................................... ............................... io 1. Residential For -Sale Rental Housing ....................................................... ............................... to z. Commercial Space Availability ................................................................. ............................... 11 3. Loss of Goodwill ....................................................................................... ............................... 12 4. Summary .................................................................................................... .............................13 C. Related Issues ................................................................................................... .............................13 1. Concurrent Residential Displacement ...................................................... .............................13 z. Temporary Relocation ............................................................................. ............................... 13 IV. The Relocation Program ............................................................................................ .............................14 A. Program Assurances, Standards and Objectives ............................................ .............................14 B. Relocation Advisory Assistance ....................................................................... .............................15 C. Relocation Benefits— Residential .................................................................... .............................16 1. Residential Moving Expense Payments .................................................... .............................16 z. Rental Assistance to Tenants /Owner- Occupants Who Choose to Rent .............................. 17 3. Down payment Assistance to Tenants /go Day Owner - Occupants Who Choose to Purchase................................................................................................... ............................... 18 4. Payments to go Day Residential Owner - Occupants ................................ .............................98 5. Payments to Non - tenured Residential Tenants .................................... ............................... zo D. Determinations of Comparable Housing ..................................................... ............................... zo E. Relocation Benefits — Commercial Tenants and Non - profit Organizations .............................. zo t. Payment for Actual Reasonable and Necessary Moving and Related Expenses ............... zo z. Self- Moves ................................................................................................ ............................... zz 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses.................................................................................................. ............................... zz F. General Information Regarding the Payment of Relocation Benefits .......... .............................z3 G. Last Resort Housing ......................................................................................... .............................z4 55A -10 H. Immigration Status ........................................................................................... .............................z5 I. Relocation Tax Consequences ......................................................................... .............................z5 V. Administrative Provisions ....................................................................................... ............................... 26 A. Holdover Tenancies ......................................................................................... .............................z6 B. Notices ........................................................................................................... ............................... 26 C. Privacy of Records ............................................................................................ .............................z7 D. Grievance Procedures ...................................................................................... .............................z7 E. Eviction Policy ................................................................................................ ............................... 28 F. Citizen Participation ...................................................................................... ............................... 28 G. Projected Dates of Displacement ................................................................. ............................... 28 H. Estimated Relocation Costs .......................................................................... ............................... 28 55A -11 List of Tables Table 1: 2010 US Census Population — City of Santa Ana and Impacted Tract ( 752. 02 ) ............................. 4 Table 2: 2010 US Census Housing Units — City of Santa Ana and Impacted Tract ( 752.02) ........................ 4 Table 3: Affected Residential Dwellings .......................................................................... ..............................5 Table 4: Affected Non - Residential Uses ........................................................................ ............................... 9 Table 5: Availability and Cost of Replacement Rental Housing (Conventional) ........... .............................11 Table 6: Availability and Cost of Single - Family Residences for Sale ............................... .............................11 Table 7: Summary of Available Commercial Space for Lease ...................................... ............................... 12 Table 8: Summary of Available Commercial Space for Sale .......................................... .............................12 Table 9: Schedule of Fixed Moving Payments ............................................................... .............................17 Table 10: Computation of Rental Assistance Payments .................................................. .............................18 Figure 1: Project Site Location .................................................. ............................... List of ► Exhibit A: Business Interview Form Exhibit B: Residential Interview Form Exhibit C: HUD Income Limits - Orange County Exhibit D: Homes for Sale and Rent Listings Exhibit E: Commercial For Sale and Rent Listings Exhibit F: Business Informational Brochure Exhibit G: Residential Informational Brochure Exhibit H: Public Comments and Response iv 55A -12 •3 Introduction The City of Santa Ana (City) has authorized the preparation of a Relocation Plan in connection with the commencement of right of way acquisition activities for the Bristol Street Improvement Project (Phase III A), a street improvement project from Civic Center Drive to Washington Avenue, in the City of Santa Ana, in Orange County, California. The Project will require the acquisition of twenty -nine (29) properties resulting in the permanent displacement of twenty -one (21) residential households and fifteen (15) business occupants. The Project is funded with Orange County Transportation Authority (OCTA) gasoline tax, the OCTA Measure M2 funds, and a Federal Fund, and meets program funding requirements. This Relocation Plan conforms to the requirements of the California Relocation Assistance Law, California Government Code §7260, et seq.; the Relocation Assistance and Real Property Acquisition Guidelines; California Code of Regulations, Title 25, Division 1, Chapter 6 (Guidelines); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); the implementing federal relocation and acquisition guidelines found at 49 CFR Part 24; and the City's adopted right -of -way policies and procedures. Overland, Pacific & Cutler, Inc. (OPC), an experienced acquisition and relocation firm, has been selected to prepare this Relocation Plan, and will provide all subsequently required relocation assistance in association with any permanently displaced households or non - residential occupants. In compliance with statutory requirements, the Relocation Plan has been prepared to evaluate the present circumstances and replacement housing requirements of Project tenants. The Plan is organized in five sections: The regional and specific location of the Project (SECTION 1); 2. An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION 11); 3. An assessment of available residential and commercial replacement sites within the Santa Ana and surrounding areas (SECTION III); 4. A review of the relocation assistance program to be offered to the displaced residential and business occupants (SECTION IV); and 5. Necessary administrative provisions (SECTION V). 55A -13 1. Project Area Description A. Project Site Location The Project is located approximately 1.3 miles south of State Route zz (SR-22),1.6 miles west of Interstate 5 (1 -5), o.g mile east of the Santa Ana River, and 4.5 miles north of Interstate 405 0- 405). Adjacent communities include Orange, Anaheim, Tustin, and Costa Mesa. The City is home to points of interest including, but not limited to, the Discovery Center, the Bowers Museum, the Santa Ana Zoo, the Old Orange County Courthouse, and the Santa Ana Regional Transportation Center. Santa Ana is the County Seat and is the second largest city in Orange County.' Refer to Figure t: Project Site Location, on the next page, for a project site map. UNNG , The Bristol Street Improvement Project was planned and designed to incorporate complete street concepts with storm drain quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median and sound walls. In addition the overhead utility lines will go underground. 'City of Santa Ana website: ht#p lwww•ciaa = ai1�_u.us facts ,accessed January 7, 2ot6. 55A -14 Figure t: Project Site Location < G C 'IV lilt. ci. .^ •i'�iil :i. A ter, 5 i;q,en SNl W lth SS t @II=hY �' . a c NCecicCmli rDr W Ginn[, cc=ater G! jy: cnam��n W w Caner ljr Ri '} 3 55A -15 j W Ov . i en[er Or S. v r According to the 2010 U.S. Census, the population of the City of Santa Ana was 354,528, and the population of the impacted Census Tract is 5,753 (see Table 1 below). Corresponding Census data concerning the housing mix is shown in Table z, below. Table t: 2oto US Census Population - City of Santa Ana and Impacted Tract (752.02) Population Total population Number of Persons 5,753 Percentage 100.0% city 354,258 L __Percent.ag.e__! 1 100.0. White 2,633 45.8% 148,838 45.9% Black or African American 70 1.2% 4,856 1.5% American Indian or Alaskan Native 59 1.0% 3,260 1.0% Asian 175 3.0% 34,138 10.5% Native Hawaiian and Other Pacific Islander 7 0.1% 976 0.3% Some other Race 2,619 45.5% 120,789 37.2% Two or More Races 1 190 3 .3 % 11,671 3.6% Hispanic or Latino (of Any Race) 5,286 91.9% 253,928 731 U.S. Census Bureau provides additional descriptive population data where persons are identified as either "Hispanic or Latino (of any race)" or "Not Hispanic or Latino." The sum of these two categories will equal the total population of a data set. Table 2: 2oro US Census Housing Units - City of Santa Ana and Impacted Tract (752.02) Source: U.S. Census Bureau, accessed January 2o16. 55A -16 •• . 1,097 96.2% m 73,174 95.2% . Total occupied units Owner- occupied 636 58.0% 34,756 47.5% Renter - occupied 461 42.0% 38,418 52.5% Vacant Housing Units 43 3.8% 3,722 4.8% Available for Sale Only (of Total Vacant Units) 10 23.3% 693 18.6% Available for Rent- Full Time Occupancy (of Total Vacant Units) 19 44.2% 1,983 53.3% Sold or Rented (Not Occupied) 0 0.0% 183 4.9% Otherwise Not Available (e.g., seasonal, recreational, migratory, occasional use) 3 7.0% 132 3.5% Other Vacant 11 25.6% 731 19.6% Source: U.S. Census Bureau, accessed January 2o16. 55A -16 Assessment of Relocation EAMMEWIRUNTIEN MIN, "M To obtain necessary information for the preparation of this Plan, field research of potentially affected residents and business operators was conducted. The research included in- person interviews and field analyses of affected residential and commercial parcels to identify displaced occupants and gather preliminary information for relocation planning. Detailed in- person interviews were conducted with affected residential occupants to gather necessary information, including information such as household size and composition, income, monthly rent obligation, length and type of occupancy, language, disabilities /health problems, and replacement housing preferences. Survey questions of business owners concerned the nature of the business, leasehold circumstances, annual revenues, description and size of current operations, special facility requirements, relocation concerns and area preferences with respect to possible replacement locations. In- person interviews are an important factor in the planning and relocation of displacees. In the early planning process, careful attention is paid to the physical needs of individuals with disabilities, and elderly displacees to make sure that these individuals receive appropriate care and housing. The interviews were conducted on -site in homes and places of business in English, Spanish, or other necessary languages, as appropriate. Follow -up contacts were made with occupants to gather more information and /or to provide information or notices that would be or were made through personal visits and by telephone. The descriptive data in this Plan concerning residents and businesses are based on in- person interviews and field observations. Samples of the residential and business interview forms used in the interview process are attached as Exhibits A and B of this report. The Project will impact 17 single - family residential (SFR) dwellings with zt residential households. Survey information was obtained from 17 of the zt occupied residential households (80.9 %). The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants. Table 3 below shows current housing in the Project area including bedroom size. Table 3; Affected Residential Dwellings 55A -17 Mum 5 Address 1301 W. 12th St. property V' Residential Use SFR B of Bedrooms 3 Number of 0. 7 w 0. >° Owner oty Santa Ana 6 1305 W. 12th St. Residential SFR 2 6 Owner Santa Ana 7 1302 W. 11th St. Residential SFR 3 9 Owner Santa Ana 8 d 1307W.10t St. Residential SFR 3 6 Owner Santa Ana 9 827 N. Bristol Residential SFR 2 Unl<nown* Tenant Santa Ana 10 829 N. Bristol Residential SFR 3 10 Tenant Santa Ana 11 911 N. Bristol Residential SFR 3 5 Tenant Santa Ana 12 917 N. Bristol Residential SFR 3 5 Tenant Santa Ana 13 1oo3 N. Bristol Residential SFR 2 5 Tenant Santa Ana 14 1003 N. Bristol Residential SFR 2 4 Tenant Santa Ana 15 1003 N. Bristol3 Residential SFR 1 1 Tenant Santa Ana 16 1005 N. Bristol Residential SFR o ** 2 Tenant Santa Ana 17 1o1g N. Bristol Residential SFR 3 g Tenant Santa Ana 18 1302 W. 12'h St. Residential SFR 2 2 Tenant Santa Ana 19 1301 W. 111h St. Residential SFR 3 12 Tenant Santa Ana 20 1301 W. loth St. Residential SFR 3 7 Tenant Santa Ana 21 3o7 W. loth St. I Residential SFR o ** 1 Tenant Santa Ana *Unable to interview occupants * *Room renters i. Housing M!x As shown in Table 3 above, the Project area includes 21 households occupying 17 single family residences, some with multiple households in one dwelling and or converted into multiple units. 13 of the affected households are tenant - occupied and 8 are owner - occupied. Occupancy information will assist in determining the relocation needs and scope of assistance provided. No mobile homes will be affected by the Project. z. Occupancy Standards The standard for housing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households larger than eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Santa Ana code requirements. Generally, these standards allow for up to three persons to occupy a one - bedroom unit, five persons in a two - bedroom unit, and seven persons in a three - bedroom unit. Any households with more than eight members would require a four - bedroom replacement unit based on the respective size of that unit, per the state building code. The main house was converted from a three - bedroom, one bathroom dwelling, into a two - bedroom, one bathroom unit; a one - bedroom and one bathroom unit, and; a three - bedroom, one bathroom unit. s The main house was converted from a three - bedroom, one bathroom dwelling, into a two - bedroom, one bathroom unit; a one - bedroom and one bathroom unit, and; a three - bedroom, one bathroom unit. 0 55A -18 3. Income Information as to the household's income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided. Low - income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees in qualifying for loans or leases. Low - income households that choose to rent may be eligible for additional assistance. Based on information obtained from the residential interviews, at least six households may be identified as low- income households. According to the low- income standards for the Housing Authority of the County of Orange (Exhibit C), adjusted for family size as published by the State of California, Department of Housing and Community Development (HCD), the 2015 low income limits are defined as follows: Family Size 1 2 3 4 5 6 7 8 Low Income Limits 2015 $53,950 $61,650 $69,350 $77,050 $83,250 $89,400 $95,550 $101,750 Source: Department of Housing and Community Development (HCD) website, accessed March 13, 2016. 4. Ethnicity /Language Per the 2000 -2014 U.S. Census American Community Survey Five -Year Estimate, 82.8%' of the population in the City of Santa Ana speaks a language besides English at home. Based on information obtained from the residential interviews of the 21 displaced households, Spanish is the primary language spoken at home. Language services are available to assist the requirements of all affected occupants. 5. Households with Seniors Per the 2000 -2014 U.S. Census 5 -Year Housing Unit Estimate, 5.1% of the total households consist of occupants 65 years of age or over. Specific care is taken to identify and address the needs of senior occupants who may require special accommodations. Based on information obtained from residential interviews, no occupants over the age of 65 would be affected. 6. Households with Disabilities Per the 2000 -2014 U.S. Census 5 -Year Housing Unit Estimates, 8.7%5 of the civilian non - institutionalized population consist of persons with a disability. Disabilities may include a variety of physical mobility impairments, including psychological and other physical health issues. Care is taken to meet the special needs of each household, particularly as these needs involve physical access to accommodations. Early identification of individual health issues would enable relocation staff to more effectively manage the relocation process. In all cases involving physical or mental impairments, additional services will be provided to ensure close individual case n United States Census Bureau web site, accessed March 13, 2016, htt : /factfinder.census.gov(. s United States Census Bureau web site, accessed March 13, 2016, httpjlfactfinder.census.gov/. 55A -19 monitoring. Based on information obtained from the residential interviews, at least one household has occupants that have disabilities. 7. Preferred Relocation Areas The residential interviews identify specific replacement site needs and preferences, and assist in planning replacement housing accordingly. In residential interviews, many residents tend to express a preference to remain in the community in order to maintain current school enrollment, access to employment, medical facilities, recreational resources, and public transportation. Based on information obtained from the residential interviews, the affected households have indicated a preference to remain in the local Santa Ana and Garden Grove areas. ► WITITATM • The Project has identified potentially 15 non - residential occupants that would be displaced. Survey information was obtained from tz of the 15 business owners. The majority of the businesses impacted by the Project would be considered small businesses. The majority of affected businesses would require cost - effective small replacement sites, with proximity to existing customer bases. Detailed interviews with business owners are instrumental in identifying suitable replacement sites. Interviews with the business tenants are crucial in addressing various complex relocation issues early in the process, including issues such as identification of trade fixtures and equipment, tenant improvements, personal property /real property issues, and the relocation requirements of various businesses that may become long lead items, such as obtaining special permits or zoning requirements. Such items should be carefully reviewed and planned in coordination with project time frames. Several non - residential displacements may be identified as potential candidates for extensive advisory services and relocation assistance. Of particular concern are medical facilities and the fast food establishment. • Medical — Medical facilities are historically difficult to relocate, due to the nature of the services provided, the need to provide consistent services without interruption, and expensive diagnostic equipment that would require relocation. For example, there are two dental offices, a chiropractor's office and an eye care facility on the Project. • Restaurant — As with larger chain restaurants, smaller fast food establishments such as Taqueria de Anda usually require busy intersections, pedestrian traffic, visibility, access, and parking. Fast food outlets have very specific market areas in which they must stay to avoid franchise or non - competitive agreements with outlets of the same brand. Moving smaller businesses can have a more detrimental effect than moving larger businesses, presumably with larger capital reserves. For this reason, it would be essential to provide timely, viable referrals to replacement sites, with assistance in relocation planning, while simultaneously executing the move carefully and efficiently. Information obtained during the F:3 55A -20 relocation interview process will assist in determining the financial capacity of a business to accomplish a move, and if an advance relocation assistance payment is necessary. Even if a business is relocated as planned, its employees may still encounter challenges with commuting or transportation to the replacement location. Some employees rely on public transportation to commute to and from work and may need to adjust their personal schedules and routines depending upon bus routes and /or schedules to reach the new location. Upon implementation of the Relocation Assistance Program, relocation timing issues and replacement site concerns will be discussed and addressed, as appropriate. The list of affected businesses provided in Table 4 below reflects data gathered from field observations and business interviews. Table 4: Affected Neon- Residential Uses E 55A -21 1 1023 N. Bristol Commercial Medical Office Santa Ana Eye Care Optometry z 1027 N. Bristol Commercial Medical Office Dr. Euler R. Ferrer, Inc. 3 1111 N. Bristol, Commercial Service /Retail N/A Unit A 4 1111 N. Bristol, Commercial Service /Retail La Modele Unit B 5 1111 N. Bristol, Commercial Service /Retail Nails Pro Unit C 6 1111 N. Bristol, Commercial Service /Retail Advantage Insurance Unit D 7 1111 N. Bristol, Commercial Service /Retail Queen's Beauty Salon Unit E 8 1111 N. Bristol, Commercial Service /Retail Leon's Foto y Bridal Unit F g 1111 N. Bristol, Commercial Service /Retail Total Nutrition Unit G 10 1111 N. Bristol, Commercial Service /Retail Hugo's Computer Unit H 11 1111 N. Bristol, Commercial Medical Office Chiropractic Unit I & J 12 1111 N. Bristol, Commercial Medical Office Denista Unit K 13 1111 N. Bristol, Commercial Service /Retail Rey Income Tax Unit L 14 1111 N. Bristol, Commercial Service /Retail Blooming Flowers Unit M 15 1221 N. Bristol Commercial Service /Retail Taqueria DeAnda E 55A -21 Relocation The Uniform Relocation Act provides that no eligible residential persons shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify whether sufficient comparable replacement housing resources exist for all potential residential displacees. Additionally, while available replacement locations are not required for non - residential occupants to move, a survey of available replacement commercial sites have been searched to determine what sites may be available to the non - residential occupants and to determine what impacts, if any, may occur due to a lack of available replacement sites. The City is committed to making every effort to satisfactorily relocate all displaced occupants. ••N i To determine the availability of residential and commercial sites prior to the displacement of occupants from the Project area, resources were researched through the following sources: • Internet sources (MLS listings, Loop Net); • Canvassing the Project area for properties available for lease and or for sale; • Telephone and field contact with commercial brokerages serving the area; • Classified rental listings from local publications, and; • Contacts with real estate /property management companies serving the community. B. i. Residential For-Sale and , A housing resource survey was conducted to determine the availability of replacement housing within the City's replacement area, identified as the City of Santa Ana, and the neighboring cities of Tustin, Costa Mesa, Fountain Valley, Garden Grove, Orange, and Anaheim sufficient to meet the needs of displaced rental tenants and homeowners. The replacement housing survey considered available two -, three -, and four - bedroom conventional housing for rent and for sale. This data is summarized in Tables 5 and 6, below. The conventional housing survey, Table 5, identified 24 currently available, two -, three -, four -, and five - bedroom conventional housing units for rent. The survey of available single - family residences for sale, Table 6, identified 25 currently available two -, three -, and four - bedroom housing units for sale. The individual figures for number of units found by bedroom size are presented in the tables, as well as location and price range. 10 55A -22 Table 5: Availability and Cost of Replacement Rental Housing (Conventional) Number ..- Number ®. a Bedrooms . - • - City Price Range Lease Two SFR 4 Anaheim, Orange $1,800 - $2,800 Three SFR 10 Santa Ana, Garden Grove, $2,499 - $3,800 Fountain Valley, Orange, Tustin Four SFR 6 Santa Ana, Fountain Valley, $2,550 - $3,975 Tustin Five SFR 4 Santa Ana, Orange, Tustin $2,750 - $5,500 Source: Multiple Listing Service and Zillow, accessed March 2016. The rent ranges identified in the table above are among the figures used to make benefit and budget projections for this Plan. The variances in the rent range are a result of age, condition, size, and locational factors. Rates are subject to change according to the market rates prevailing at the time of displacement. Exhibit D provides a detailed list of available housing for rent and for sale. Table 6: Availability and Cost of Single- Family Residences for Sale Source: Multiple Listing Service, accessed March 2016 z. Commercial Space Availability The availability of retail space in the City of Santa Ana and the surrounding communities was researched through commercial real estate listing resources. Tables 7 and 8 below summarize the availability of various types of commercial properties for lease and sale in the City of Santa Ana and the surrounding areas. Exhibit E provides a detailed list of available commercial space. 11 55A -23 .. ®. ... Two SFR 5 Santa Ana $350-$5 50 Three SFR 14 Santa Ana $375-$725 Four SFR 6 Santa Ana $417-$599 Source: Multiple Listing Service, accessed March 2016 z. Commercial Space Availability The availability of retail space in the City of Santa Ana and the surrounding communities was researched through commercial real estate listing resources. Tables 7 and 8 below summarize the availability of various types of commercial properties for lease and sale in the City of Santa Ana and the surrounding areas. Exhibit E provides a detailed list of available commercial space. 11 55A -23 Table 7: Summary of Available Commercial Space for Lease Source: LoopNet, accessed January ao16 Table 8: Summary of Available Commercial Space for Sale Total Property Office 367 Santa Ana, Anaheim, Costa Mesa, $0.09 - $4.58 SF/MO Office 68 Fountain Valley, Garden Grove, $1301000 - $17,685,000 Irvine, Orange, Tustin, Westminster Retail 195 Santa Ana, Anaheim, Costa Mesa, $0.10 - $4.58 SF /Mo Retail 49 Fountain Valley, Garden Grove, $139,900 - $17,685,000 Irvine, Orange, Tustin, Westminster Industrial /Warehouse 72 Santa Ana, Anaheim, Costa Mesa, $0.34 - $1.50 SF /Mo Industrial /Warehouse 13 Garden Grove, Irvine, $599,000 - $35,000,000 Orange, Tustin Industrial /Flex Space 49 Santa Ana, Anaheim, Costa Mesa, $0.20 - $1.65 SF /Mo Fountain Valley, Irvine, Land 10 Orange, Tustin $11,995 - $3,500,000 Land 8 Santa Ana, Anaheim, Tustin $0.20 - $2.50 SF /Mo Source: LoopNet, accessed January ao16 Table 8: Summary of Available Commercial Space for Sale Source: Multiple Listing Services, accessed January 2o16; LoopNet, accessed January 2o16 3. Loss of Goodwill Goodwill consists of the benefits that accrue to a business as a result of its location; reputation for dependability, skill, or quality; and any other circumstances resulting in probable retention of old, or acquisition of new, patronage. Claims for loss of goodwill are not compensable under the statutory provisions related to relocation assistance. Where claims are anticipated, state law (California Code of Civil Procedure §1263.510) requires business owners to prove all of the following: 1) The loss is caused by the acquisition of the property; z) The loss cannot reasonably be prevented by relocation of the business, or by taking steps and adopting procedures that a reasonably prudent person would take to preserve the goodwill; and, 3) The compensation for the loss has not been included as a relocation payment, or duplicated in compensation otherwise awarded to the owner. 12 55A -24 Total .. Office 68 Santa Ana, Costa Mesa, Fountain $1301000 - $17,685,000 Valley, Garden Grove, Irvine, Orange, Tustin Retail 49 Santa Ana, Anaheim, Fountain $139,900 - $17,685,000 Valley, Garden Grove, Orange, Santa Ana, Tustin, Westminster Industrial /Warehouse 13 Santa Ana, Garden Grove, $599,000 - $35,000,000 Irvine, Orange Industrial /Flex Space 7 Santa Ana, Anaheim, $520,000 - $6,250,000 Costa Mesa, Irvine Land 10 Santa Ana, Anaheim, $11,995 - $3,500,000 Garden Grove, Tustin Source: Multiple Listing Services, accessed January 2o16; LoopNet, accessed January 2o16 3. Loss of Goodwill Goodwill consists of the benefits that accrue to a business as a result of its location; reputation for dependability, skill, or quality; and any other circumstances resulting in probable retention of old, or acquisition of new, patronage. Claims for loss of goodwill are not compensable under the statutory provisions related to relocation assistance. Where claims are anticipated, state law (California Code of Civil Procedure §1263.510) requires business owners to prove all of the following: 1) The loss is caused by the acquisition of the property; z) The loss cannot reasonably be prevented by relocation of the business, or by taking steps and adopting procedures that a reasonably prudent person would take to preserve the goodwill; and, 3) The compensation for the loss has not been included as a relocation payment, or duplicated in compensation otherwise awarded to the owner. 12 55A -24 4. Summary Considering the availability of replacement housing, adequate replacement resources exist in the Project area for affected residential tenants and owner - occupants. Although adequate replacement resources exist, based on surveyed results of rental and purchase opportunities, and anticipated values of existing dwellings, occupants are anticipated to have increases in monthly rents and /or higher purchase costs. These possible increases, if any, would be met through the City's Relocation Assistance Program. The data for non - residential resources indicates adequate business sites that are currently available for sale and lease to commercial occupants. While there are adequate replacement sites for non - residential occupants, some business uses may require conformance with local conditional use permits and /or zoning requirements. NINE t. Concurrent Residential Displacement The Project would not compete with or adversely affect the availability of comparable replacement resources. There are no other known current public projects under way in the City of Santa Ana or adjacent communities that currently would compete with the Project for housing resources. The City intends to monitor the activity of local agencies. No residential displacee would be required to move without adequate notice and access to available, affordable, decent, safe, and sanitary housing. z. Temporary Relocation The Project is not anticipated to cause temporary displacements. Affected occupants will be permanently displaced. 13 55A -25 IV. The Relocation The City of Santa Ana's (City) Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, maintain personal contact with all affected individuals, consistently applying all regulatory criteria to formulate eligibility and benefit determinations, and conform to all applicable requirements. The City has retained Overland, Pacific & Cutler, Inc. (OPC) to administer the Relocation Program. OPC has worked on more than 2,500 public agency acquisition and relocation projects over the past 30 years. Additionally, OPC has an extensive resume of public works projects undertaken in other Orange County communities. Experienced City staff would monitor the performance of OPC and be responsible to approve or disapprove OPC's recommendations concerning eligibility and benefit determinations and interpretations of the City's policy. The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance. The City would provide the displaced residential and business occupants with the assistance, rights, and benefits required under federal and/or state relocation law and the City's policies and procedures. The relocation program would provide advisory and financial assistance. Every effort would be made to facilitate relocation arrangements and minimize hardship for displacees. The program objectives would be as follows: 1. To fully inform eligible Project displacees of the nature of, and procedures for, obtaining relocation assistance and benefits; z. To determine the needs of each displacee eligible for assistance; 3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no occupant is required to move without a minimum of go days written notice to vacate; 4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 5. To supply information concerning federal programs and other governmental programs providing assistance to displaced persons; 6. To assist each eligible occupant to complete applications for benefits; 7. To make relocation benefit payments in accordance with the appropriate guidelines; 8. To inform all persons subject to displacement of City policies with regard to eviction and property management; and g. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance. 14 55A -26 ••. ME OPC staff is available to assist the permanently displaced households and businesses with questions or concerns about relocation and /or assistance in relocating. Relocation staff is located at 1 Jenner, Suite zoo, Irvine, CA 92618, with office hours from 8:0o a.m. to 5:00 p.m., and can be contacted at (949)951-5263. A comprehensive relocation program, with technical and advisory assistance, would be provided to assist all persons being displaced as a consequence of the Project. Personal contact would be maintained with all individuals until the relocation process has been completed. As discussed previously, OPC has been retained by the City to assist in the administration of its relocation program. OPC will work closely with City staff. City staff would provide final approvals, or otherwise, of all OPC recommendations. Every reasonable effort would be made to ensure that the relocation of residents and businesses occurs with a minimum of delay and hardship. The following services will be provided: 1. The remaining interviews with residents and businesses located in the Project area will be completed to gather information appropriate to the determination of needs and preferences regarding replacement of existing facilities; 2. A printed Informational Brochure (Exhibits F and G) will be provided in English or the displacee's language if subsequently be deemed necessary. Signed acknowledgements will be obtained to verify receipt of this material; 3. A database will be maintained of available residential units for sale and commercial space and distribute replacement site referrals for the duration of the Project; 4. Assistance will be offered to displacees in connection with arrangements for the purchase of real property, if applicable, obtaining required business permits or licenses, the filing of claim forms to request relocation benefits from the City and to obtain services from other public agencies; 5. Special assistance in the form of referrals to governmental and non - governmental agencies will be made, if requested; 6. Eligible displacees will be assisted with the preparation and submission of relocation assistance claims; 7. Benefit determinations and payments will be made in accordance with applicable law and City policy; 8. Assure that displacees are not required to move without a minimum of 90 days written notice to vacate; 9. All persons subject to displacement will be informed of City policies with regard to eviction and property management; 15 55A -27 lo. A formal grievance procedure will be established and maintained for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance; and tt. Assistance will be provided that does not result indifferent or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances. Specific eligibility requirements and benefit plans would be detailed on an individual basis with displacees. In the course of personal interviews and follow -up visits, households would be counseled as to available options with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of the federal and state relocation law and regulations. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City's normal administrative procedures. '. Residential Moving Expense Payments All residential occupants that would be relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based on the actual cost of a professional move or a fixed payment based on a room -count schedule. a. .Actual Cost (Professional Move) The displacee may elect to retain the services of a licensed professional mover, in which case the City would pay for the actual cost of the moving services based on the lower of at least two acceptable bids (the City may, at its discretion, solicit competitive bids to determine the lowest reasonable move cost). After the move is complete, the displacee may pay the mover directly and seek reimbursement from the City, or request a direct payment from the City to the mover. In addition to the cost of the actual move, one -time expenses associated with utility reconnections (e.g., gas, water, electricity, telephone, cable) would be eligible for reimbursement. Transportation costs would be limited to a distance of 50 miles, unless otherwise authorized by the City. b. Fixed Payment (based on Room Count schedule) An occupant may elect to receive a fixed payment for moving expenses that is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Section t.a above. At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenant's own personal property, is $450, which includes all utility connections at the replacement location. The current schedule for fixed moving payments is provided below in Table q. 16 55A -28 Table g: Schedule of Fixed Moving Payments Source: Federal Highway Administration (effective August 24, 2015). 2, Rental Assistance to Tenants /Owner- Occupants Who Choose to Rent A tenant or an owner - occupant displaced from a dwelling may be entitled to a RHP in the form of rental or down payment assistance not to exceed $7,20o. The MAP -21 amended RHPs for displaced tenants to $7,2oo. A payment in excess of $7,200 would be made under the provisions of the Last Resort Housing Program (LRH), which is discussed in Section W.G., Last Resort Housing. A displacee may be entitled to a RHP in the form of rental or down payment assistance if the displacee: 1. Has actually and lawfully occupied the displacement dwelling for at least go days immediately prior to the ION; and 2. Has rented, or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year (unless the City extends this period for good cause) after: a. For a tenant, the date he or she moves from the displacement dwelling; or i. For an owner - occupant, the later of: 1. The date final payment is received for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compensation is deposited with the court; or 2. The date the owner - occupant moves from the displacement dwelling. Rental /down payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: 1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or z. The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: 1. The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the City. For owner - occupants or households that paid little or no rent, fair market rent would be used as a substitute for actual rent; or 17 55A -29 z. Thirty percent (307) of the displaced person's average monthly gross household income if the amount is classified as "low income" by HUD's Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Exhibit C. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or 3. The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 10 below illustrates the computation of a rental /down payment assistance payment amount. w 1. Old Rent $1,000 Old Rent, plus Utility Allowance Or z. Ability to Pay $950 307 of the Gross Household Income 3. Lesser of Lines 1 or z $950 Base Monthly Rental Subtracted From: 4. Actual New Rent $1,050 Actual New Rent including Utility Allowance Or 5. Comparable Rent $1,050 Determined by the City; includes Utility Allowance 6. Lesser of Lines 4 or 5 $1,050 7. Yields Monthly Need: $100 Subtract Line 3 from Line 6 Rental Assistance $4,200 Multiply Line 7 by 42 Months 3. Down payment Assistance .n a Day Owner-Occupants Who Choose Purchase Displacees otherwise eligible to receive a Rental Assistance Payment (RAP) as previously described may choose to utilize the full amount of their rental assistance eligibility to purchase a home. Such payments would be deposited directly to an escrow account with provisions that allow the City to recover its funds if the escrow is cancelled or does not proceed in a timely manner. Down payment assistance provided to a displaced owner- occupant cannot exceed the amount the owner would have received had the owner met the go -day occupancy requirement. 4. Payments to go Day Residential Owner- Occupants Residential owner - occupants who have established residency for at least go days prior to the City's offer to purchase may be eligible for up to $31,000 in replacement housing assistance, prior to consideration of eligibility for LRH assistance (see Last Resort Housing, Section IV.C). MAP -21 amended the maximum statutory benefit for RHPs for displaced homeowners to $31,000. The length of occupancy requirement for homeowners was reduced from 18o days to go days in occupancy before the ION. The amount of the RHP would be determined based on three separate elements: 1) purchase price differential; z) mortgage interest differential; and, 3) incidental expenses. IM 55A -30 a. Price Difference Differential The Purchase Price Differential is based on three factors: Acquisition Price: The price paid by the City of Santa Ana for the Project dwelling; Actual Purchase Price: The actual price paid for a replacement dwelling, and; Comparable Replacement Cost: The cost of a decent, safe, and sanitary dwelling comparable to the dwelling acquired by the City of Santa Ana. The purchase price differential amount is determined by comparing the price of the acquired dwelling (including any proceeds obtained through condemnation) to the lesser of the actual cost paid for a replacement home versus the price of the comparable dwelling used to compute eligibility in the Notice of Eligibility (NOE) issued to the displaced owner. In today's real estate market, many agencies have encountered owner - occupants with negative equity, where the fair market value is less than the outstanding debt. The City will follow the Programmatic Waiver of the Code of Federal Regulations methodology for calculating RHPs. This waiver allows computing a RHP based upon the initial written offer of just compensation rather than the administrative settlement amount. The qualifying conditions for use of the Programmatic Waiver are: • Applies only to those in a negative equity situation • Applies only to owner - occupied homes • Applies only to single - family homes • Applies only to mortgages that are current b. Mortgage Interest Differential The purpose of the Mortgage Interest Differential Payment is to compensate homeowners for increased costs between the acquired dwelling and the replacement dwelling. The payment for increased mortgage interest cost shall be the amount that would reduce the mortgage balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as part of incidental costs. To be eligible for this payment, the mortgage on the dwelling being acquired must have been in place, as a valid lien, for at least go days prior to the City's initial written offer to purchase. C. Incidental Expenses — Closing Costs One -time, non - recurring closing costs associated with the purchase of a comparable, replacement dwelling are compensable. Examples of such compensable expenses include costs for: a property survey; preparation of a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes; loan application fees; loan origination fees; appraisal fees; a credit report; certification for structural soundness; and, termite inspection, when required. Prepaid recurring expenses for mortgage interest, property taxes and insurance are not compensable. The total RHP is the sum of the Purchase Price Differential, Mortgage Interest Differential, and compensable Incidental Expenses. tg 55A -31 5. Payments to Non - tenured Residential Tenants A residential tenant who has actually and lawfully occupied the displacement dwelling for fewer than go days immediately prior to the ION is entitled to receive a moving expense payment. Additionally, non - tenured residential tenants may qualify for a RAP under the provisions of the LRH program (see Last Resort Housing, Section IV.G). Such assistance is authorized when the person's monthly rent and estimated average monthly utility costs for the replacement dwelling exceed the person's base monthly rental for the displacement dwelling. Relocation staff would evaluate the cost of comparable replacement housing in the preparation of each individual NOE issued to residential displacees. For residential tenants and owner - occupants, the cost of comparable replacement housing would be determined primarily on a comparative basis of three, if possible, presently available, comparable dwellings. A Replacement Housing Valuation (RHV) Form would be prepared and placed in the file of each affected household. E. Relocation Benefits Organizations Eligible businesses would have two options with respect to claims for relocation assistance benefits: 1. Compensation for actual reasonable and necessary moving and related expenses, or z. A fixed payment not to exceed $40,000 is Payment for Actual Reasonable and Necessary Moving and Related Expenses Any lawful business that qualifies as a displaced person is entitled to payment for such actual moving expenses, as the City determines to be reasonable and necessary, including expenses for: i. Transportation of persons and property from the present location to the replacement location (transportation costs for a distance beyond 50 miles are not eligible unless the City determines that relocation beyond 50 miles is justified); z. Packing, crating, uncrating, and unpacking personal property; 3. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. This will include connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure, or to the utilities, or to adapt the utilities to the personal property; 4. Storage of personal property for a period not to exceed iz months, unless the City determines that a longer period is necessary; zo 55A -32 5. Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available. 6. Any license, permit, or certification required by the displaced business, to the extent that the cost is necessary for reestablishment at the replacement location. (These costs may be pro -rated based on the remaining useful life of any existing license, permit, or certification); 7. Reasonable and pre- authorized professional services, including architects', attorneys', engineers' fees, and consultants' charges, necessary for: 1) planning the move of personal property; 2) moving the personal property; or, 3) installing the relocated personal property at the replacement location; 8. Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the business operation including, but not limited to, soil testing, feasibility and marketing surveys; g. The purchase and installation of substitute personal property limited to the lesser of: 1) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City, subject to certain limitations, or, 2) the replacement cost, less any proceeds from its sale or trade in; 1o. Connection to available nearby utilities from the right -of -way to improvements at the replacement site; 11. The modification of machinery, equipment, or other personal property necessary to adapt these to the replacement location or to utilities available at the replacement location; 12. Re- lettering signs and replacing stationary on hand at the time of displacement that are made obsolete as a result of the move; 13. Actual direct losses of tangible personal property resulting from moving or discontinuing a business or non - profit organization, not -to- exceed the lesser of: 1) the fair market value of the property for continued use at its location prior to displacement less any proceeds from the sale of the property; or, 2) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City, subject to certain limitations; 14. Actual and reasonable expenses incurred in searching for a replacement business or non- profit organization location, not to exceed $2,5oo, and including compensation for transportation expenses; time spent searching for a reasonable location, meals, and lodging; real estate broker or agent fees; time spent in obtaining permits and attending zoning hearings; and time spent negotiating the purchase of a replacement site; 15. Impact fees or one -time assessments for anticipated heavy utility usage; 16. Low Value /High Bulk: when the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the 21 55A -33 judgment of the City, the allowable moving cost payment shall not exceed the lesser of: t) the amount which would be received if the property were sold at the site or z) the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the City; 17. A Reestablishment allowance of up to $25,000, available to farms, non - profit organizations, and small businesses with no more than Soo employees. MAP-21 amended the maximum statutory benefit for business reestablishment to $40,000. Reestablishment allowance payments are made in addition to compensation provided for actual, reasonable, and necessary moving expenses. Reestablishment allowance expense categories include but are not limited to: a. Repairs or improvements to the replacement property as required by federal, state or local law, code, or ordinance; b. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting business; c. Construction and installation costs for exterior signing to advertise the business; d. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint paneling or carpeting; e. Advertisement of replacement location; f. Estimated increased costs of operation during the first two years at the replacement site for such items as: i. Lease or rental charges ii. Personal or real property taxes iii. Insurance premiums, and iv. Utility charges, excluding impact fees g. Other items essential to the reestablishment of the business. MEW If the displaced business elects to take full responsibility for the move of the business, the City would make a payment for the business's moving expenses in an amount not to exceed the lower of the two acceptable bids or estimates submitted to the City. At the City's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate. 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses The option to claim a fixed payment enables for - profit and non - profit businesses to receive relocation assistance compensation without providing documentation of bids and actual expenses. The payment amount available to any individual business is based on an average of zz 55A -34 annual net earnings over a two -year period. For businesses that have not been in operation for two years, income figures can be annualized. The method for establishing income is through tax returns and /or certified financial statements. The payment to an eligible business may not be less than $1,000, or more than $40,000. The MAP -21 amended the maximum statutory fixed payment for non - residential moves to $40,000. To qualify for this payment, it must be determined that, a displaced business: • Owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; • Is not operated at the displacement site solely for the purpose of renting the dwelling or the site to others; • Cannot be a part of a commercial enterprise having at least three other establishments which are not being acquired by the City, and which is under the same ownership and engaged in the same or similar business activities; • Must not be able to relocate without substantial loss of patronage; and • Contributed materially, as defined by the City, to the income of the displaced person during the two taxable years prior to the displacement. When a fixed payment would precede settlement of a claim for compensation for loss of goodwill under the Eminent Domain Law, the City, before tendering payment, shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, §1263.510 et seq. (the Eminent Domain Law, Chapter g, Article 6 — "Compensation for Loss of Goodwill ") would be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the fixed payment made and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible to receive as outlined in Section IV.E.1, above. Information F. General Regarding the Payment of Relocation Benefits Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after: • For tenants, the date of displacement; or • For owners, the date of displacement or the date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments would be as follows: 1. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance; 2. Relocation staff would review all necessary documentation including, but not limited to, scopes -of- services, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; 23 55A -35 3. Required claim forms would be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocation staff and submitted to the City; 4. The City would review and approve claims for payment, or request additional information; 5. The City would issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacees would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; 7. Receipts of payment and all claim material would be maintained in the relocation case file. G. Last Resort Housing Based on information obtained from the residential surveys and the cost of replacement housing, it is anticipated that comparable housing would not be available to the displaced persons without providing additional assistance under the provisions of the Last Resort Housing Program (LRH). Per Federal regulations, when a program or a project cannot proceed on a timely basis due to the unavailability of comparable replacement dwellings within the monetary limits for owners or tenants, additional or alternative assistance may be provided under the provisions of the LRH program. Any decision to provide LRH must be adequately justified either: t. On a case -by -case basis, for good cause, which means that appropriate consideration has been given to: a. The availability of comparable replacement housing in the program or project area; b. The resources available to provide comparable replacement housing; and c. The individual circumstances of the displaced person, or z. By a determination that: a. There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, LRH is necessary for the area as a whole; b. A program or project cannot be advanced to completion in a timely manner without LRH; and c. The method selected for providing LRH is cost effective, considering all elements, which contribute to total program or project costs. For renters, a payment under the provisions of the LRH program is considered when there is a determination, based on a RHV, that a replacement housing need or price differential exceeds the statutory limit of $7,2oo. For homeowners, a payment under the provisions of the LRH program is considered when a RHP exceeds the statutory limit of $31,000. By providing 24 55A -36 additional assistance under the provisions of the LRH program, comparable replacement housing would be provided that is within the monetary limits of the displaced persons. Federal legislation (PL105 -117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as a significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien's spouse, parent, or child. The City may elect to authorize the payment of relocation assistance benefits to any otherwise eligible residential or commercial displacee from non - federally authorized reimbursable funds. To track and account for relocation assistance and benefit payments, OPC's relocation staff would be required to seek immigration status information from each displacee 18 years and older and non - residential occupants by having them self- certify as to their legal status. California Government Code §7269 indicates that no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with §170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with §23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, §24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 23o disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 25 55A -37 V. Administrative Provisions R '• The City's acquisition schedule may allow some business and residential tenants to remain in occupancy of the City's acquired properties for periods as long as six months prior to displacement. It is anticipated that by adding time to the relocation process, businesses would have greater opportunities to successfully reestablish operations at a new location. Residential tenants would benefit by having greater flexibility to plan a move around school schedules, as an example, or other personal considerations. Holdover tenants would be required to enter into a Rental Agreement with the City and make monthly payments. The City would assume responsibility for all property management functions. Holdover tenants would be required to conform to state and local law and the requirements of the City's Rental Agreement, or face eviction in conformance with the City's eviction policy as set forth in Section V.E. Each notice that the City is required to provide to a property owner or occupant shall be personally delivered or sent via certified or registered first -class mail, return receipt requested and documented in each case file. Each notice would be written in plain, understandable language. Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other help. There are three principal notices: t. General Information Notice (GIN), z. NOE, and 3• go -Day Informational or go -Day Notice The GIN is intended to provide potential displacees with a general written description of the City's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN would be issued at the time the properties are being appraised. NOES would be distributed to each commercial and residential displacee, including off -site owners of rental properties. The NOE that would be issued to business operators acknowledges the recipient's eligibility for assistance and right to make claims for relocation assistance benefits. The NOE to residential displacees, both tenants and owner - occupants, contains a determination of eligibility for relocation assistance and a computation of maximum entitlement based on information provided by the affected household and the analyses of comparable replacement properties undertaken by relocation staff. NOES would be issued promptly following the ION with property owners. 26 55A -38 No lawful occupant would be required to move without having received at least go days' advance written notice of the earliest date by which the move would be necessary. The go -day notice would either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant would receive a further notice indicating, at least 6o days in advance for residential tenants and 3o days in advance for owner- occupants and non- residential occupants, the specific date of the required move. The go -day notice would not be issued to any residential displacees before a comparable replacement dwelling has been made available. In addition to the three principal relocation notices previously identified, relocation staff would issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1. Are eligible for monetary benefits, z. Have moved from the acquired property, and 3. Have not filed a claim for benefits. Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non - responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits. Ca Privacy of Records All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents. r a A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacement housing referrals, or the City's property management practices must file an appeal form or any other written form of appeal with the City's Right -of -Way Project Manager or his /her designee (Hearing Officer). The Hearing Officer shall set a hearing date of no later than 3o days from receipt of the appeal. The person making the appeal shall have: 1. The right to present oral and /or written evidence in support of the appeal, z. The right to seek legal counsel (hired at the appellant's sole expense), and 3. The right to seek judicial review once having exhausted all administrative appeal remedies. The Hearing Officer shall render a decision, in writing, within 3o days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his /her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer's decision. 27 55A -39 E. Eviction Policy Eviction for cause must conform to applicable state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that: 1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or z. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and 3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled. F. Citizen Participation The City conducted several public hearings for the Project on the following dates: June 10, 2013; June 25, 2013; June 26, 2013; July 14, 2014; October 17, 2014; October 28, 2014; November 12, 2014; November 18, 2014; August 21, 2015, and; September 3, 2015. As the process for implementing the Project advances, the City will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the occupants in the Project area, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of this Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 3o days prior to its proposed adoption; The City has approved acquisition and relocation activities, which began in September 2015 and would be completed no later than the summer of 2017, with construction scheduled to begin in August 2017, and the Project is anticipated to be completed by August 2018. H. Estionated Relocation Costs The total budget estimated for relocation - related payments for this Project, including a 10% contingency, is as follows: Relocation: $ 2,831,336 (escalated) Contingency at 10%: S 283,134 Total: $ 3,114,470 The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. In addition, the budget does W-1 55A -40 not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is to be implemented, and circumstances arise that change the number of residential and business occupants or the nature of their activity, the City would authorize any additional, compensable funds that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section IV.G, of this Plan to meet its obligation under the relocation regulations. 29 55A -41 Exhibit , « 55A -42 Business Relocation Interview'. ClientlProject: City of Santa Ana - Bristol St. Project Phase IIIA Case ID: Site Address: Interview Date: ❑ Unoccu ied City, St, ZIP: Santa Ana, CA Interviewer: ❑ No Contact Business Claimant information Legal business name (from tax return): Person interviewed (name /title): Ownership type: ❑ Sole Proprietor ❑ Partnership ❑ Corporation ❑ Non -profit Business type: URA type (list 1). OPC type (list 2): Name under which claimant conducts operations (doe): Mailing address (if different), Goods, products or services provided: Dale business established: IThis site move -in: Business Contacts Information Contact 1 (PRIMARY) Contact 2 Contact 3 Name: Title /position: Business phone: Cell phone: Fax #: Email: Authority (Y /N): ❑ Can the person (s) with authority to sin claims and agreements read /understand English? If not Ian ua e: Business Professionals Involved Attprr i Accountant, Broker, Move Planner, Coritrartor _ Professional 1 Professional 2 Professional Name: Title/posiflon: Specialty (list 3): Company: Address: Business phone: Cell phone: Fax #: Email: CC address (YIN): Busin s Bescri pi and Features Business hours and days of operation: Customer trade area: Is this a franchise business? If yes, is copy of franchise agreement available? Describe any other businesses on site: List any sub - leases: List the same or similar operations owned elsewhere List residents living on the property: Intend to relocate this business (Y /N): If yes, plans for new market, product or service ?: Describe best time to move: Months of year with least inventory: With most inventory: Estimated time it would take to move business, Describe business conducted on the Internet: Describe types of advertising used: List printed materials to become obsolete: Annual gross income: Full -time employees. Annual net income: Part -time employees: r' 1980 -2012 Overland. Pacific & Cutler, Inc- (08/12) Page 1 55A -43 Property Site Features Site layout available (provide): Zoning designation: Occupancy status Total building sq ft.: Parking spaces: ❑ Month -to -month rental Total land sq.ft.: Loading spaces, ❑ Lease: expires, options: Area Breakdown Dock spaces ❑ Mortgage: balance, _ Office /retail sq.fte Clearance /height: ❑ Own clear Warehouse/shop sq,R.: Railroad access: Monthly payment Yard scift: Lease copy available ?: Business EquipMentlim p rovements Inventory list available?: Phone system Computer system Electrical (Amps): Type /brand, Number of PCs: 3 phases (Y /N): Server room (# of racks, A /C, power, etc.): Describe plumbing, Age: Voice Imes: Other equipment (printers, security, WAP, registers, inventory control, etc): Other special utility: Fax lines: Other lines: I Internet service /provider (list 4): Indicate quantity of each type of equipment on site: Bridge crane: Freezer: Sinks: Dry - cleaning plant: Airlines: Jib crane: Walk-in cooler: Clarifier: UST, Water fines: i Racking /shelving: Hoist Hood: Walk -in freezer: Boiler. Refrigerator: Spray booth: Compressor', System furniture: Other significant improvements /machinery/equipment Leased equipment onsite: Obsolete equipment or equipment that cannot be moved, Permits I Requited Specialists List required special permits and licenses with number (provide copy): Operate under Conditional Use Permit? (provide copy) WIII CUP be required at a new location ?: Assistance required in obtaining any permits /licenses ?: Describe any wastewater /air /stack discharge /emissions: List hazardous materials used or stored (including handling and disposal): Needs for outside specialists for a move: 4 1080 -2012 Overiand, Pacific & Cutler, Inc. (08/12) 55A -44 Pa .ye p Preferred replacement site attributes Relocation area: Property access (RR, dual): Zoning /type of use: Truck access: Lease / purchase: Freeways /arterials proximity: Building size /layout: Public transport access: Single /multistory building: Pedestrian access: Clearance /height: Parking spaces: Lotlyard size: Shipping /receiving type: Special utility needs: Demographic needs: Internet service needs: Traffic count needs: Franchise /ordinance restrictions: Visibility needs: Specific concerns and anticipated move challenges List of any ideni replacement sites Address Bldg size Lot size Lease amount Status Broker info 1 2 3 ADDITIONAL INTERVIEW NOTES (explain all special circumstances, including those noted above) 1. URA business type: Business, Farm, Non•Profit 2.OPC business type: Agricultural, Industrial, Office, Retail Sales, Retail Service, Special Purpose (detail online) 3. Professional Specialty: Attorney, Accountant, Broker, Move Planner, Contractor 4. Internet service: DSL, cable, T1, fiber, satellite, other I'certify that all information in this survey is true and complete to the.best of my knowledge. The information contained herein shall be treated confidential to the extent permitted bylaw. Claimant Name: Date: Signature: ©1980 -2012 Overland, Pacific & Cutler, Iric (08112) 55A -45 °ace 3 Exhibit B: Mr, 55A -46 Residential Relocation Interview ClientlProject: City of Santa Ana - Bristol St. Project Phase IIIA Case ID: Site Address: Total occupants, Interview Date: ❑ Unoccupied City, St, ZIP: Santa Ana, CA Interviewer: ❑ No Contact INDIVIDUAL OCCUPANTS (use additional pages as needed) 1. Name: Gender F M Employer /School: Relationship (list 1): HEAD OF HOUSEHOLD ❑ ID verified Income srce (list 2): Income /empl. description: Hire /start date: Mo Income: Lawful presence (list 3): Dale of birth Phone /fax/email: Move -in date: Notes /special needs: 2. Name: Gender: F M Employer /School: Relationship (list 1): ❑ ID verified Income srce (list 2): Income /empl. description: Hirelstart dale: Mo Income: Lawful presence (list 3): Date of birth: Phone /fax /email: Move -in date: Notes /special needs, 3. Name: Gender: F M Employer /School: Relationship (list 1): ❑ ID verified Income srce (list 2): Income /empl. description: Hire /start date Mo Income: Lawful presence (list 3): Date of birth: Phone /fax /email: Move -in date: Notes /special needs: 4. Name: Gender: F M Employer /School: Relationship (list 1): ❑ ID verified Income srce (list 2): Incomelempl. description: Hire/start date: Mo Income: Lawful presence (list 3): Date of bl& Phone /fax /email: Move -in dale: Notes /special needs 5. Name: Gender: F M Employer /School. Relationship (list 1): ❑ ID verified Income srce (list 2): Incomelempl. description Hire/start date: Mo Income: Lawful presence (list 3): Dale of birth: Phone /fax /email: Move -in date: Notes /special needs: 6. Name: Gender: F M Employer /School: Relationship (list 1): 11 ID verified Income srce (list 2): Income /empl.description: Hire /start dale: Molncome, Lawful presence (list 3), Date of birth: Phone /fax /email, Move -in date: Notes /special needs: ©1930 -2012 Overland, Pacific & Cutler, Inc. (Nov -'12) Page 1 55A -47 DWELLING HOUSEHOLD Mailing Address: ❑ Primary residence of all occupants? (If not, explain in notes) City, St, ZIP: ❑ Can someone read /understand English? If not, language Carbon Copy Address: Race /Ethnicity: ❑ American Indian /Alaskan ❑ Asian ❑ Black /African- American ❑ Hawaiian /Pacific Islander ❑ Hispanic /Latino ❑ White ❑ Other ❑ Mixed City, St, ZIP: Dwelling Type (list 4): Bedrooms, Attic /Utility /Storage: Approx Sq Ft: Subscribe to: ❑ Land phone ❑ TV service ❑ Internet Kitchen: Basement, Bathrooms: ❑ Home -based business? (describe in notes) Living /family rooms: Garage, Garage Spaces: ❑ Rent rooms in dwelling? (describe in notes) Dining room: Other /Extra: Carport Spaces: ❑ On fixed income or public assistance? (describe in Occupants) Den /Office, - -- Total Rooms: Total physical and content rooms to move: Parking Spaces: ❑ Disabled occupants? (describe modifications /needs in Occupants) - Number of cars: Replacement site I lal needs (mark and describe in Notes) ❑ Employment access El Shopping ❑ Public transport ❑ Religious ❑ Medical facilities /services ❑ Social /Public services ❑ School needs ❑ Relatives /Ethnic ❑ Childcare ❑ Other special needs AirCond: ❑Central ❑Wall /Window ❑Heat Pump ❑Evap. /Swamp ❑None Heating, ❑FAU ❑Radiant ❑Hot Water ❑SpaceHtr ❑Solar ❑Heat Pump Dwelling Condition: ❑ Good ❑ Fair ❑ Poor Neighborhood Condition: ❑ Good ❑ Fair ❑ Poor_ Amenities: ❑ All occupants to move to the same dwelling? (if not, explain in notes) TENANT Replacement dwelling preference: ❑ Rent ❑ Buy Rent terms: ❑ Month -Month ❑ Lease, months left: Can relocate from: ❑ Neighborhood ❑ City ❑ County ❑ State ❑ Rent reduced in exchange for service ❑ Unit furnished by tenant Preferred relocation areas: Monthly contract rent: $ Security deposit: $ HOMEOWNER Landlord /manager name /ph: Lot size (sq ft): Date purchased: Age (yrs): ❑ Written rental agreement available? ❑ Rent receipts available? ❑ Own clear, no mortg /loans ❑ Negative equity # of stories: ❑ Receiving Section 8 or other housing assistance? let Loan Information 2nd Loan Information Caseworker name/ph: Lender: Lender: Monthly tenant portion of rent: $ Loan Type (list 5): Loan Type (list 5): Annual family /child care expenses to allow work: $ Current % Rate: Current % Rate: Annual non - reimbursed medical expenses: $ Principal Balance: $ Principal Balance: $ Annual non- reimb. handicapped assistance expenses: $ Original Date: Original Date: Utilities paid by tenant: ❑ Gas: $ Pets, Remaining months: Remaining months: Monthly P &I payment: Monthly P &I payment: ❑ Electric $ ❑ Water: $ ❑ Sewer: $ ❑ Trash: $ ❑ NONE Energy source: Gas Electr Oil Other Cooking Stove: ❑ ❑ ❑ Water Heater ❑ ❑ ❑ Space Heat: ❑ ❑ ❑ Air Conditioning: ❑ ❑ ❑ MOBILE HOME Pad space: ❑ Rent ❑ Own Coach: ❑ Rent ❑ Own Pad rent: $ Make /Model: Coach length (ft): Year: Coach width (ft): Decal #: +01980 -2012 Overland, Pacific 8. Cutler, Inc. (Nov -12) Papal 55A -48 INTERVIEW NOTES (explain all special dwelling /household circumstances, including those noted on page 2) 1. Relation: Spouse, Child, Foster Child, Parent, Partner, Sibling, Aunt/Uncle, Cousin, Grandparent, Parent In -Law, Sibling In -Law, Other Relative, Roommate 2. Income: Wages /Salaries, Social Security /Dlsab /Pension, Child Support/Alimony, Welfare /TANF /AFDC, Family Subsidy /Gift, Business Income, Interest/Dividends, Unempl. /Workers Comp, AF pay, EITC, Cash Income, Rent Reduction, Other 3. Legal Status: Unknown, Citizen /National, Lawful Other, NOT Lawful, Decline to provide. 4. Dwelling: SFR, Duplex, 3 -Plex, 4 -Plex, Apartment, Condo/Townhome, Hotel /Motel, Mobile Home, RV, Other 5. Loans: Fixed Mortgage, Adjustable Mortgage, Interest Only, Fixed HELOC, Adjustable HELOC, Reverse Mortgage, Other I certify that all occupants have been identified above and that all information provided for this survey is true and complete to the best of my knowled e. Claimant Name: Date: Signature: 0 1950 -2012 Overland, Pacific & Cutler, Inc. (Nov -12) Page 3 1* M0-J Exhibit C: HCD Income Limits - Orange County 55A -50 STAMOF- CAUEORNIA- RIISINRSC TRANSPfIRTkTIl5N At4C�.101151NCA(iE14Cy FQPd11PIQ.C�RCWN IR ,S,ovamo[ DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development nw 2020 W EI Camino Avenue, Suite 500 Sacramento. CA 05853 (016) 203-29111 FAX (016) 2834453 vanv,hcd.ca.gov MEMORANDUM DATE: April 15, 2015 TO: Interested Parties / ,4 -r''i FROM: Lisa Bates, Deputy Director Division of Housing Policy Development SUBJECT: State Income Limits for 2015 Attached are briefing materials and State Income Limits for 2015 reflecting median income and household income levels for extremely low -, very low -, low -, and moderate- income households for California's 56 counties. Updated 2015 income Limits are now in effect and replace last year's limits. 2015 income limits can be downloaded on the Department of Housing and Community Development's (Department) website < hftp:// www. facd. ca .povll7nd/hrclrevlsfatelirioNote hfrnl >. State Income Limits apply to desiq-nated pro rg ams and are to be used to determine applicant eligibility (based on level of household income) and to oaiculate affordable housing cost for applicable housing assistance programs. Note that use of State Income Limits is subject to a particular program's definition of income, family, family size, effective dates, and other factors. Also, definitions applicable to income categories, criteria, and geographic areas sometimes differ depending on funding source and program resulting in some programs using other income limits. California's 2015 income limits were updated based on: (1) federal income limit changes the U,S. Department of Housing and Urban Development (HUD) released on March 6, 2015 and revised on March 10, 2015 for its Section £3 Housing Choice Voucher Program income limits and (2) adjustments the Department made based on particular State statutory provisions and the Department's 2013 Hold Harmless (HH) Policy. Since 2013, the Department's HH policy has held State Income Limits harmless from any decreases in household income category and median income levels that HUD, since 2010, began applying to Its Section B Income Limits after eliminating its longstanding Hold Harmless Policy. HUD determined its HH Policy was no longer necessary due to federal law changes in 200£3 (Public Law 110 -98) prohibiting any rent decreases in federal or private activity bond funded projects. Please contact Department staff at (916) 263 -2911 to answer questions concerning State income Limits. Attachments: 2015 State Income Limits and Briefing Materials 55A -51 2015 State Income Limits Briefing Materials California Code of Regulations, Title 25, § 6932 Overview Pursuant to Health & Safety Code (H &SC) Section 50093(c), California Department of Housing and Community Development (HCD) filed 2015 State Income Limits with the Office of Administrative Law. HCD updated its income limits based on Department of Housing and Urban Development (HUD) updates to its Section 8 Housing Choice Voucher Program that HUD released on March 6, 2015 and revised on March 10, 2015. HUD annually updates Section 8 income limits to reflect changes in household income category levels and median income levels applicable to extremely -low, very-low, and low - income households. California law specifies that its State Income Limits must be updated based on HUD updates to its Section 8 income limit levels. The Department also revises its State Income Limit levels to reflect: (1) adjustments, per State law, to some HUD county median income figures, and (2) adjustments to some household income category and area median income levels to reflect HUD's February 2013 Hold Harmless (HH) Policy. This policy was implemented to replace HUD's HH Policy, discontinued in 2009, in maintaining income category and area median income levels at their highest achieved levels and (3) calculation of California's moderate- income household levels based on changes to county area median income levels. Following are brief summaries of different methodologies used by HUD and HCD in updating income limits for different household income categories. HUD Methodology HUD uses 40th percentile rents in 50th percentile fair market rent (FMR) areas, to calculate high housing cost areas. The purpose is to prevent fluctuations in "Low - Income Housing Tax Credit Difficult Development Area" determinations that result solely from high housing cost income limit fluctuations as areas go in and out of the 50th percentile FMR program. Extremely Low - Income This income category comprises households with a maximum income of 30 percent (30 %) of HUD's median family income (MFI). HUD calculates extremely -low income limits based on very-low income limits. Extremely low- income limits reflect 60 percent of very-low income limits. However, HUD sets a floor based on minimum Supplemental Security Income (SSI). Very Low - Income The maximum very-low income limit typically reflects 50 percent (50 %) of MFI. HUD's MFI figure generally equals two times HUD's 4- person very low- income limit, except when HUD applies adjustments. HUD may adjust income limits for an area or county to account for conditions that warrant special considerations, referred to as exceptions. HUD may Page 2 of 5 55A -52 2015 State Income Limits Briefing Materials California Code of Regulations, Title 25, § 6932 apply exceptions to areas with unusually high or low family income, uneven housing -cost- to- income relationships or historical exceptions. The following reflect HUD's explanations of adjustment increases and decreases contained in HUD's FY 2015 Income Limits Briefing Material: Adjustment Increases: HUD applies an increase, if the four - person very low- income limit would otherwise be less than the amount at which 35 percent (35 %) of it equals 85 percent (85 %) of the annualized two- bedroom Section 8 FMR (or 401 percentile rent in 50th percentile FMR areas), The purpose is to increase the income limit for areas where rental housing costs are unusually high in relation to the median income. HUD applies an increase to the four person income limit if it is less than the State non - metropolitan median family income level. In addition, the four - person income limit is also increased, if it is less than 95 percent of last year's very low income limit. HUD restricts adjustments so income limits do not vary more than five percent (5 %) of the previous year's very low- income figure. Very low- income limits are used as the base to calculate extremely -low and low- income limits. Adjustment Decreases: HUD applies a decrease to the greater of 80 percent of the U.S. median family level (MFI), or the amount at which 30 percent of a four - person family's income equals 100 percent of the two- bedroom FMR (or 401h percentile rent in 50th percentile FMR areas). The purpose is to decrease the income limit for areas of high median family income. The four - person income limit is reduced to the greater of 105 percent of last year's limit or twice the change in the national MFI estimate if that amount would be larger than five percent (5 %). HUD restricts adjustment increases and decreases to not vary more than five percent (5 %) of the previous year's very low- income figure. Adjusted very low- income limits are used as the base to calculate extremely -low and low- income limits. Low - Income In general, maximum income for low- income households reflects 80 percent (80 %) of the MFI level. Most low- income limits represent the higher level of: (1) 80 percent of MFI or (2) 80 percent of State non - metropolitan median family income. However, due to adjustments that HUD sometimes makes, strictly calculating low- income limits as 80 percent of MFI could produce unintended anomalies inconsistent with statutory intent. HUD's briefing materials specify that, with some exceptions, the low- income limit reflects 160 percent of the very low- income limit. HUD may apply exceptions to areas with unusually high or low housing- costs -to- income relationships. An example of the result from HUD applying an exception to an area could be an increase to the low- income limit without an increase to the very low- income limit. In sum, an "80 %" limit cannot be assumed to equal 80 percent of the AMI or 4- person median income limit nor 160 percent of the very low- income limit due to adjustments HUD may make. Page 3 of 5 55A -53 2015 State Income Limits Briefing Materials California Code of Regulations, Title 25, § 6932 Median Family Income /Area Median Income HUD estimates and references Median Family Income (MFI) in calculating its income limits. California law and income limits reference Area Median Income (AMI) that, pursuant to H &SC 50093(c), means the median family income of a geographic area estimated by HUD for its Section 8 Program. HUD's calculations of Section 8 Income Limits begin with the production of MFI estimates. FY 2015 MFI estimates use 5 -year survey data (American Community Survey (ACS) 2008 -2012 and Puerto Rico Community Survey (PRCS) 2007 -2011) augmented by 2012, 1 -year ACS and PRCS data. HUD then adjusts the survey data to account for anticipated income growth by applying the Consumer Price Index (CPI) inflation forecast (through the mid -point of 2015) that the Congressional Budget Office published in August 2014. HUD's determination of MFI is used to calculate very low- income limits that are then used as the basis to calculate income limits for other income categories. Income Limit Calculations for Household Sizes Other Than 4- Persons Income limits for all income categories are adjusted for household size so that larger households have higher income limits than smaller households. For all income categories, income limits for household sizes other than 4- persons are calculated using the 4- person income limit as the base. HUD's adjustments use the following percentages, with results rounded to the nearest $50 increment: Number of persons in Household: 1 2 3 4 5 6 7 8 Adjustments: 70% 80% 90% Base 108% 116% 124% 132% Income Limit Calculations for Household Sizes Greater Than 8- Persons For households of more than eight persons, refer to the formula at the end of the table for 2015 Income Limits. Due to the adjustments HUD can make to income limits in a given county, table data should be the only method used to determine program eligibility. Arithmetic calculations are applicable only when a household has more than eight members. Reference: FY 2015 HUD Income Limits Transmittal Notice PDR- 2015 -02 issued March 6, 2015 and HUD Income Limits Briefing Material dated March 10, 2015 http:/Mww.huduser.org/portal/datasets/iI/il1 5/index.htmi http:t/www.hLiduser.org/portai/datasets/11/ilI5/HUD—sec8_15.pdf HCD Methodology State law (Health & Safety Code Section 50093, et. seq.) prescribes the methodology the Department uses to update its Official State Income Limits. The Department utilizes HUD's Section 8 Housing Choice Voucher Program Income Limits. HCD's methodology involves: (1) increasing some counties' median income levels established by HUD, (2) increasing some 4- person very-low income limits established by HUD, (3) applying its Hold Harmless (HH) Policy, in effect since 2013, to not allow decreases in area median income levels and household income category levels, and (4) determining income limit levels applicable to California's moderate - income households defined by State law as household income not exceeding 120 percent of county AMI. Page 4 of 5 55A -54 2015 State Income Limits Briefing Materials California Code of Regulations, Title 25, § 6932 Area Median Income and Income Category Levels HOD, pursuant to federal and state law and its Hold Harmless (HI-I) Policy, adjusts median income levels determined by HUD for a metropolitan county (county included in a metropolitan statistical area) and for a non - metropolitan county (county not included in a metropolitan statistical area). For non - metropolitan counties, federal law (Section 567 of the 1987 Housing and Community Development Act) requires adjusting median income to the higher of the (1) median income for the county or (2) the current statewide non - metropolitan median income ($56,900 for 2015) determined by HUD. Next, HCD, for both metropolitan and non - metropolitan counties, applies its HH policy to ensure area median income for all counties and income limits for all income categories do not fall below any level achieved in the prior year. 4- person Median Income Calculation (-IUD's 4- person median income figure usually reflects the county's AMI figure. HUD sometimes makes adjustments to decrease the 4- person very -low income limit when median family income is unusually high. The Department makes adjustments so its calculation of the 4-person very -low income limit for each county is not less than HUD's median family income figure and, pursuant to HUD's HH Policy, not less than the prior year's higher level. Moderate - Income Levels The Department is responsible for establishing California moderate - income limit levels. After calculating the 4- person area median income (AMI) level as previously described, the Department sets the maximurn moderate income limit to equal 120 percent of the county's AMI. Applicability of California's Official State Income Limits Applicability of these State Income Limits is subject to particular programs as program definitions of such factors as income, family, and household size, etc., vary. Some programs, such as Multifamily Tax Subsidy Projects (MTSPs), use different income limits. For MTSPs, separate income limits apply per provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Public Law 110 -289). Income limits for MTSPs are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under Section 42 of the Internal Revenue Code (Code). Also, MTSP income limits apply to projects financed with tax exempt housing bonds issued to provide qualified residential rental development under Section 142 of the Code. These income limits are available at this web link http:// www. huduser.org/datasets /mtsp.html. Page 5 of 5 55A -55 Section 6932. 2015 Income Limits Page 1 of 7 Income Number of Persons in Household County I „- -- -_. i I I I TI a 1 7 1 a it 4- Person lVery Low income Area Median Income: Law Income $70,200 IMedlan Income 4- Person Area Median Income: $58,700 Contra Costa County 4- Person Area Median Income: $93,500 Extremely Low 196501 224501 262601 280501 =Uul 32570 36730 408fl0 Very Low Income 32750 374001 421001 467501 505001 54250 58000 61750 Low Income 50150 57300 644601 71CO01 773501 83100 88800 94550 Median Income 654501 748001 841601 935001 1U1UUOI 108450 115950 123400 Moderate Income 785501 897601 1010001 1122001 12120DI 130150 139150 148100 Del Norte County 4- Person Area Median Income; $57,900 Extremely Low 12150 15930 20090 24250 28410 32570 35300 37600 Very Low Income 20300 23200 261001 28950 313001 33600 35900 38250 Low Income 32450 37050 41700 46300 600501 53750 57450 61150 Median Income 40560 46300 521001 57900 62550 67150 71800 76450 Moderatelncome 48650 5560Q 625501 69500 750501 80800 86200 91750 El Dorado County 4- Person Area Median Income: $76,100 Extremely Low 160001 0600 242501 28410 32bfUj 36730 40690 Very Low Income 26650 30450 34250 38050 41100 44150 47200 50250 Low Income 42650 48750 54850 60900 65800 70650 75550 80400 Medianlncome 632501 609001 686001 761001 82200 88300 94350 100450 Moderate Income 639001 730501 821501 91300 98600 105900 113200 120500 See Instructions on last page to use these income limits to dater applica�lbility and calculate affordable housing cost and rent. Section 6932. 2015 Income Limits Page 2 of 7 County Income Category Number of Persons in Household 1 1 2 1 3 1 4 1 S 1 6 1 7 1 8 Fresno County 4- Person Area Median Income: $57,900 Extremely Low 12150 159301 200901 242601 284101 325701 363001 37600 Very Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low Income 32450 37050 41700 46300 5D050 53750 57450 81150 Median Income 40650 46300 621001 679001 626601 0 Moderate Income 48650 55600 625601 695001 750501 806001 862001 91750 Glenn County 4- Person Area Median Income: $57,900 Extremely Low 12150 159301 200901 242501 284101 325701 353001 37600 Very Low income 20300 232001 26100 289501 31300 33600 35900 38250 Low Income 32450 37050 41700 48300 5005D 637501 574501 61150 Median Income 40550 46300 52100 57900 62550 671501 718001 76450 Moderate Income 48650 556001 62550 695001 750501 80 001 862001 91750 Humboldt County 4- Person Area Median Income: $57,900 Extremel Low 12150 15930 20090 24250 26410 32570 35300 37600 Very Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low Income 32450 37050 41700 46300 50050 53750 57450 61150 Median Income 40550 46300 52100 57900 62650 67150 71800 76450 Moderate Income 48650 55600 62550 69500 75050 80600 86200 91760 Imperial County 4- Person Area Medlan Income: $$7,900 Extremely Law 12150 16930 20090 24250 28410 32570 35300 37600 Very Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low Income 32450 37050 41700 46300 500501 53750 57450 61150 Median income 40550 46300 52100 57900 625501 67150 71800 76450 Moderate Income 48650 55600 62560 69600 750501 80600 86200 91750 Inyo County 4- Person Area Median Income: $71,500 Extremely Low 15050 17200 20090 242601 284101 325701 367301 40890 Very Low 25 050 28600 32200 35750 38650 41500 44350 47200 Low Income 40050 45800 51500 57200 61800 66400 70950 75550 Median Income 50050 57200 64350 71500 77200 82950 88650 94400 Moderate Income 60050 68650 77200 85800 92650 99550 106400 113250 Kern County 4- Person Area Median Income: $57,900 Extremely Low 1 12150 159301 200901 242501 284101 325701 363001 37600 Ve Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low Income 32450 37050 41700 46300 50050 53750 57450 61150 Medianlncome 40550 46300 52100 579011 62550 67160 71800 76450 Moderate Income 48850 55600 62550 69500 75050 80600 86200 91750 Kings County 4- Person Area Median Income: $57,900 Extremely Low 12150 15930 20090 24250 28410 32570 35300 37600 Ve Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low income 32450 37050 41700 46300 50050 53750 67450 61150 Medianlncome 40550 46300 52100 57900 62550 67150 71800 76450 Moderatelncome 48650 55600 62550 69500 75050 80600 86200 91750 Lake County 4- Person Area Median Income: $57,900 Extremely Low, 12150 15930 20090 24250 28410 32570 35300 37600 Very Low Income 20300 23200 26100 28950 31300 33600 35900 38250 Low Income 32450 37050 41100 501 57460 61150 Medianlncome 40550 46300 62100 57900 62550 67150 71800 76450 Moderate Income 48650 55600 62550 695001 750501 806001 862001 91750 Lassen County 4- Person Area Median Income: $88,400 Extremely Low 14600 16650 20090 24250 28410 32570 36730 40890 Ve Lowlncome 24300 27800 31250 34700 37500 40300 43050 45850 Low Income 38850 44400 48950 55500 699501 644001 688501 73300 Medianlncome 436001 655001 62450 694D0 74950 80500 86050 91600 Moderate Income 58300 666501__ 74950L_:2313206 89950 96650 103300 109950 See Instructions on last page to use these income limits to deterr5�nAicarim Ility and calculate affordable housing cost and rent. Section 6932. 2016 Income Limits Page 3 of 7 county Income Number of Persons in Household 1 2 3 4 5 �_ -�� 6�_ 8 Cate or 4- Person Area Median Income: $57,900 4- Person Area Median Income: $103,000 4- Person Area Median Income: $61,900 4- Person Area Median Income: $58,900 4- Person Area Median Income: $57,900 4- Person Area Median income: $67,900 4- Person Area Median Income: $81,200 Monterey County 4- Person Area Median Income: $68,700 Extremely Low 15250 17400 20090 24250 28410 32570 36730 47890 Ve Lowlncome 25400 29000 32657 36250 39157 42050 44950 47657 Low Income 40600 46400 52200 58000 62650 67300 71960 76600 Median Income 46100 54950 61850 68700 74200 79700 85200 90700 Moderate Income 57700 65950 74200 82450 89050 95660 102L6OL 08850 See instructions on last page to use these Income limits to detesiS ayr�I . ibility and calculate affordable housing cost and rent. Section 6932. 2015 Income Limits Page 4 of 7 County Income Category Number of Persons in Household 1 2 3 4 5 6 7 8 Napa County 4- Person Area Median Income: $86,100 Extremelv Low 18350 210001 236001 262001 284101 32570 35/3U1 40890 Very Low Income 30600 349501 393001 436501 471501 506501 54150 57650 Low income 48900 65850 62850 69800 75400 81000 86600 92150 Median Income 60250 68900 77500 86100 93000 99900 106750 113650 Moderate Income 72300 82650 92950 103300 111550 119850 128100 136350 Nevada County 4- Person Area Median Income: $73,600 Extrenneiv Low 16100 184001 20700 242501 284101 326701 367301 40890 Very Low Income 26850 307001 34550 383501 414501 446001 476001 50650 Low Income 42950 49050 55200 61300 66250 71160 76050 80950 Median Income 51450 58800 68150 73500 79400 85250 91150 97000 Moderate Income 61750 70550 79400 )01 109350 116400 Orange County 4- Person Area Median Income: $87,200 Extramelv Low 202601 231601 260501 28900 _312601 335501 36730 40890 Very Low Income 337601 385501 43350 481501 52050 55900 59750 63600 Low income 53950 81650 69350 77050 83250 894001 95550 101750 Media come 61050 69750 78500 87200 94200 101150 108150 115100 Moderatelncome 73250 83700 94200 104650 113000 1214001 129750 138150 Placer County 4- Person Area Median Income: $76,100 Extremelv Low 16000 18300 20600 24250 28410 32570 36730 40890 Vea Low Income 26650 30450 34250 38050 41100 44150 47200 50250 Low Income 42650 48750 548501 60900 6580PI 70UP 75550 80400 Median income 53250 60900 68500 76100 82200 88300 94350 100450 Moderate Income 63900 73050 821601 91300 986001 105900 113200 120500 Plumes County 4- Person Area Median Income: $62,000 Extremel Low 13050 159301 200901 242501 284101 32570 35:3UUI 37600 Ve Low Income 21700 248001 270001 310001 335001 36000 38450 40950 Low Income 34750 397001 446501 496001 6,36001 57550 61550 65500 Median Income 43460 496001 668001 620001 609601 71900 76900 81850 Moderate Income 52100 595001 669501 744001 803601 86300 92250 98200 Riverside County 4- Person Area Median Income: $65,000 Extremely Low 14100 161001 20096 242501 284101 32570 367301 40890 Very Low income 23450 268001 30150 33500 36200 38900 41550 25 440 Low Income 37550 42900 48250 53600 57900 62200 66500 70800 Median Income 45500 52000 58500 65000 70200 75400 80600 85800 Moderate Income 54600 624001 90500 96700 102950 Sacramento County 4- Person Area Median Income; $76,100 Extremely Low 16000 183001 206001 242501 284101 325701 36730 40890 Very Low Income 26650 304501 342601 38050 411001 44150 47200 50250 Low Income 42650 487501 548601 5550 80400 Median Income 53250 609001 686001 94350 100450 Moderate income 63900 730501 821501 113200 120500 San Benito County 4- Person Area Median Income: $81,100 Extremely Low 17050 19500 219601 243501 284101 32570 36730 40890 Very Low Income 28400 32450 36500 40550 43800 47050 50300 53550 Low Income 45100 51550 58000 64400 69600 74750 79900 85050 Median Income 56750 64900 73000 81100 87600 94100 100550 107050 Moderate Income 58100 77850 87550 97300 105106 112850 120650 128450 San Bernardino County 4- Person Area Median income: $65,000 Extremely Low 14100 16100 20090 24250 28410 32570 36730 40890 Very, Low Income 23450 26800 30150 33500 36200 38900 41550 44250 Low Income 37550 42900 48250 53600 57900 62200 65500 70800 Median Income 45500 52000 586001 65000 70200 75400 80600 85800 Moderate Income 54600 62400 702001 78000 84250 90500 96700 102950 See instructions on last page to use these Income limits to deten MISS lity and calculate affordable housing cost and rent. Section 6932, 2015 Income Limits Page 5 of 7 County Income Catego Number of Persons In Household 1 2 3 4 6 6 7 8 —2480–OT-284101 San Diego County 4- Person Area Median Income: $75,900 ExlremeIv Low 1 173601 19850 22300 325701 36730 40890 Very Low Income 1 289001 33050 37150 41300 44600 0.7900 51200 54500 Low Income 46250 52900 59500 66100 71400 76700 81950 87250 Median income 1 531501 60700 683001 759001 819501 88050 94100 100200 Moderate income 63750 72900 82000 91100 98400 106700 112950 120250 San Francisco County 4- Person Area Median Income: $103,000 Extremely Low 1 24650 281 6OF 316501 361501 380001 408001 436001 46400 Ve Low Income 41050 46900 52750 58600 63300 68000 72700 77400 Lowlncome 65700 75100 84500 93850 101400 108900 1164001 123900 Median income 72100 82400 927001 1030001 11 1250 119500 1277001 135950 Moderate Income I 86500 989001 1112501 1236001 1336001 1434001 1532601 163150 San Joaquin County 4- Person Area Median income: $66,300 Extremelv Low 1 13950 159501 20090 24250 284101 325701 367301 39350 Very Low Incomo 23250 265501 29850 33150 368501 385001 41150 43800 Low Income 37150 424501 47750 53050 57300 615501 658oul 70050 Median Income 46400 53050 59650 66300 71600 769001 822001 87500 Moderate Income I 55700 636501 900 923001 986501 106000 San Luis Obispo County 4-Person Area Median Income: $77,100 Extremely Low 1 16250 185501 208601 242601 284101 325701 367301 40890 Income 27000 30850 34700 38550 41650 44750 47850 50900 Mow Low Income 43200 49400 55550 61700 6r)6501 71600 76550 81450 Medianlncome 53950 61700 69400 77100 83260 89450 95600 101750 Moderatolncome 64750 740001 632501 9250DI 999001 07300 1147UUI 122100 San Mateo County 4�Person Area Median Income: $103,000 Extremely Low 24650 281501 316501 351501 380001 408001 43bUUi 46400 Very Lowlncome 41050 469001 527501 58600 63300 68000 72700 77400 Low Income 65700 75100 84500 93850 101400 108900 116400 123900 Median Income 72100 82400 92700 103000 111250 119500 127700 135950 Moderate Income 86500 96900 111250 123600 133500 143400 153250 163150 Santa Barbara County 4- Person Area Medianlncome: $76,400 Extremely Low 1 16850 192501 21650 242501 2841011 325701 36730 40890 Ve Low Income 28100 32100 36100 40100 43350 46560 49750 52850 Lowlncomo 44950 51350 57750 641501 693001 74450 79550 84700 Medianlncore 52800 60300 67850 764001 814501_ 87450 93500 99550 Moderate Income I 63350 72400 81450 906001 97750 105000 112200 119450 Santa Clara County 4- Person Area Median Income: $106,300 Extremely Low 1 22350 25550 ZU(bUl J1Uuuj 34500 37050 39600 42150 Very Low income 37250 42550 47850 53150 57450 61700 65950 70200 Low Income 59400 67900 76400 84900 91850 98450 105250 112050 Medlanlncome 74400 85050 95650 106300 114800 123300 131800 140300 Moderate income 89300 102050 114800 127550 137750 147950 158150 168350 Santa Cruz County 4- Person Area Median Income: $87,000 Extremely Low 21200 24200 27250 30250 32700 35100 37550 40890 Very Low Income 35300 40350 45400 50400 54450 58500 62500 66550 Low Income 56500 64550 72600 80650 871601 93600 100050 106500 Median income 60900 69600 783001 87000 939601 100900 1079001 114850 Moderate Income 73100 83500 93960 104400 1127601 121100 1994501 137800 Shasta County APerson Area Medianlncome: $59,000 Extremely Low 12400 15930 20090 24250 28410 32570 35300 37600 Very Low. lncome 20650 23600 26550 29500 31900 50 36600 38950 Lowlncome 33050 37800 42500 47200 51000 00 g 58550 62350 Medianlncome 41300 47200 53100 59000 63700 50 73150 77900 Moderatelncome 49550 55650 63700 70800 76450 50 87800 93450 See instructions on last page to use these Income limits to datereir�aypI cam4eyibility and calculate affordable housing cost and rent. Section 6932. 20151ncorne Limits Page 6 of 7 Sierra County Income Number of Persons in Household County Cate o 1 2 3 1 4 1 5 1 6 1 7 8 Sierra County Extremely Low 1 14800 169001 200901 242501 28410 32570 36730 40890 4- Person Ve Lowlncome 24650 28150 31650 35150 38000 40600 43600 46400 Area Median Income: Low Income 3940() 45000 50650 56250 60750 65250 69750 74250 $71,800 Median Income 50250 57450 64600 71800 77550 83300 89050 94800 89200 Moderate Income 1 60300 689001 775501 861501 930501 99950 106850 113700 4- Per6on Very Low Income Area Median Income: Low Income $57,900 1 Median Income Solano County 4- Person Area Median Income: $82,600 Extremely Low 174001 198501 223501 248001 28410 32570 38730 11111 40880 Ve Lowlncome 28950 33050 372001 413001 446501 47950 51250 54550 Low income 45500 52000 58500 65000 702001 75400 80600 85800 Median income 57800 66100 74350 82600 89200 95800 102400 109050 Moderate income 69350 79300 89200 99100 107050 114950 122900 130800 Sonoma County 4- Person Area Medianlncome: $82,600 Extremely Low 17400 19850 22350 248001 284101 32570 367301 40890 Very Low Income 28950 33050 37200 41300 44650 47950 51250 54550 Low Income 45500 52000 58500 65000 70200 75400 80600 85600 Median Income 57800 66100 74360 82600 89200 95800 102400 109050 Moderate Income 69350 79300 89200 99100 107050 114950 122900 130800 Stanislaus County 4- Person Area Median Income: $62,000 Extreme l Low 13050 15930 20090 24250 28410 32570 35300 37600 Very Low income 217001 24800 27900 31000 33500 36000 38450 40950 Low Income 347501 39700 44650 49600 53600 57550 61550 65500 Median Income 43400 49600 55800 62000 66950 71900 76900 81850 Moderate Income 52100 59500 66950 74400 80350 200 92250 98200 Sutter County 4- Person Area Median Income: $59,400 Extreme] Low 12500 15930 20090 24250 28410 32570 35300 37600 Ve Low Income 20800 23800 26760 29700 32100 34500 38650 39250 Low Income 33250 38000 42750 47500 51300 55100 58900 62700 Median Income 41600 47500 53450 59400 64150 68900 73650 78400 Moderatelncome 49900 57050 84150 71300 770001 82700 884001 94100 Tehama County 4- Person Area Median Income: $57,900 12160 15930 20090 24250 28410 32570 35300 37600 20300 23200 26100 28950 31300 33600 35900 38250 MIncome 32450 37050 41700 46300 50050 53750 57450 61150 Median 40550 46300 52100 57900 82550 67150 71800 76450 48650 55600 626501 696001 750501 806001 86200 91750 Trinity County 4- Person Area Median Income: $57,900 Extremely Low 12150 159301 20090 242501 284101 326701 36300L 37600 Very Low Income 20300 232001 26100 28950 31300 33600 36900 38250 LowIncome 32450 37050 41700 46300 50050 53750 57450 61150 Median income 40550 46300 52100 57900 62550 67150 71800 76450 Moderate Income 48650 55600 62550 69500 75050 80600 86200 91750 Tulare County 4- Person Area Median Income: $57,900 Extremely Low 12150 15930 20090 24250 28410 32570 363001 37600 Ve Low income 20300 232001 26100 289501 31300 33600 35900 38250 Low Income 32450 370501 41700 48300 50050 53750 57450 6115D Median Income 40550 46300 52100 57900 62550 67150 -- 718001 76450 Moderate Income 48650 55600 62550 695001 75050 80500 8620OF 91750 See instructions on last page to use these Income Ilmlts to deter,51S - 61bllity and calculate affordable housing cost and rent. Section 6932. 2015 Income Limits Page 7 of 7 Income Number of Persons in Household County ---. i I I I A I a I— c I y I a Tuolumne County Extremely Low 1 13950 169501 200901 242601 28410 326701 367301 40890 4- Person Very Low Income 1 23250 26600 29900 33200 35900 38550 41200 43850 Area Median income: Low income 37200 42500 47800 53100 57350 61600 65850 70100 $66,700 Median Income 46700 53350 60050 66700 72050 77350 82700 88050 Moderate Income 1 56050 640501 720501 800501 864501 928501 992501 105650 Instructions: Eligibility Determination: Use household size Income category figures in this chart. Determine eligibllllty, based on actual number of persons in household and total of gross Income for all persons. Determination of Income Limit for Households Larger than Eight Persons: Per person (PP) adjustment above 8: (1) multiply the 4- person income limit by eight percent (8 %), (2) multiply result by number of persons In excess of eight, (3) add the amount to the 8- person income limit. and (4) round to the nearest $50. Yuba County E X A M P L E Income Cate o 4 arsons 8% PP Adj, +8 person =9 persons Extremely Low 24,250 19401 32,0001 33,950 Very Low Income 29,700 2376 39,200 41,600 Lower Income 47,500 3800 62,700 66,500 Moderate Income 71,300 5704 94,100 89,800 8 person+ 0 ersons 32 000 3880 35900 39200 4752 43950 62.700 7600 70 300 94.100 11408 10 0 Calculation of Housing Coat and Rent: Refer to Heath & Safely Code Sections 50052.5 and 50053. Use benchmark household size and multiply against applicable percentages defined in H &SC using Area Median Income Identified In this chart. Determination of Household Size: For projects with no federal assistance, household size is set at number or bedrooms In unit plus one. For projects with federal assistance, household size may be set by multiplying 1.6 against the number of bedrooms In unit. HUD release: 31612016 Authority cited: Health and Safety Cade (H &SC) Section 50091 Reference: H &SC Sections 50079.5, 50093, 50105, and 50105. 55A -62 Exhibit D: Homes r and Rent Listings 55A -63 SFRs for Sale in Santa Ana Address Bedrooms Purchase Price Median Price 804 W. McFadden 2 $350,000 $409,900 2082 S. Standard 2 $379,900 1144 W.Cubbon 2 $409,900 1135 Cabrillo Park 2 $459,900 325 W. 18th St 2 $550,000 1001 Elaine Drive 3 $465,000 $527,000 1110S. Huron 3 $439,900 1908 S. Standard 3 $439,900 2537 W. Camden 3 $468,000 623 S. Cooper St 3 $525,000 3709 S. Van Ness 3 $552,500 218 N. Susan 3 $375,000 1809 Merriday Lane 3 $479,999 1015 Cherry Street 3 $529,000 2105 N. Spruce St 3 $530,000 914 E. West St 3 $535,000 3106 Mary 3 $550,000 710 W. Jonquil 3 $572,000 2707 Olive Lane 3 $725,000 209 N. Cooper 4 1 $599,000 $499,450 911 S. Figueroa 4 $417,000 1901 S. Fairview 4 $465,000 1809 Halladay 4 $499,000 2057 S. Broadway 4 $499,900 1506 E. Avalon 4 $589,000 55A -64 SFRs for Rent in Santa Anaand surrounding areas Address City Bedrooms Rent Median Price 1437 E. Century Drive Orange 2 $2,800 $2,400 221 W. Sparkleberry Orange 2 $2,600 931 N. Ventura St Anaheim 2 $1,800 1067 S. Sundance Anaheim 2 $2,200 12752 Malena Drive Santa Ana 3 $2,499 $2,975 2329 N, Lyon Street Santa Ana 3 $2,600 402 W. Harvey Santa Ana 3 $3,000 14392 Morning Glory Tustin 3 $2,950 10236 Ferrey Drive Tustin 3 $3,100 10008 Albee Ave Tustin 3 $3,200 15209 Washington Tustin 3 $3,800 9581 Royal Palm Blvd. Garden Grove 3 $2,700 142 N. Grant Place Orange 3 $2,750 18903 Mount Walton Fountain Valley 3 $3,650 2518 N. Greenbrier Santa Ana 4 $3,975 $3,448 10531 Ridgeway Drive Santa Ana 4 $3,695 2225 N. Hesperian Street Santa Ana 4 $3,150 1309 Marcella Lane Santa Ana 4 $3,750 2162 Sweetbriar Tustin 4 $2,550 8844 La Zana Fountain Valley 4 $3,200 1909 W. Blackhawk Drive Santa Ana 5 $4,600 $4,000 1320 Sun Dial Drive Tustin 5 $5,500 2402 N. Cameo St Orange 5 $2,750 1760 N. Maplewood Orange 5 $3,400 55A -65 Exhibit Es Commercial For Sale and Rent Listings 55A -66 Commercial Properties for Sale City Price Tustin $139,900 Garden Grove $299,999 Orange $449,000 Santa Ana $699,000 Santa Ana $699,000 Santa Ana $850,000 Orange $875,000 Santa Ana $900,000 Santa Ana $900,000 Santa Ana $929,000 Santa Ana $975,000 Santa Ana $1,100,000 Garden Grove $1,200,000 Orange $1,280,000 Santa Ana $1,375,000 Santa Ana $1,400,000 Garden Grove $1,499,900 Santa Ana $1,500,000 Santa Ana $1,550,000 Santa Ana $1,620,000 Garden Grove $1,670,000 Garden Grove $1,700,000 Anaheim $1,920,000 Santa Ana $2,050,000 Orange $2,400,000 Santa Ana $2,495,000 Fountain Valley $2,498,000 Westminster $2,590,000 Anaheim $2,880,000 Westminster $2,900,000 Garden Grove $3,010,000 Santa Ana $3,495,000 Tustin $3,500,000 Tustin $3,500,000 Santa Ana $4,000,000 Santa Ana $4,320,000 Tustin $4,875,000 Orange $5,200,000 Tustin $6,000,000 Santa Ana $7,000,000 Anaheim $7,200,000 Orange $11,855,000 Santa Ana $17,685,000 55A -67 Fountain Valley Not disclosed Garden Grove Not disclosed Garden Grove Not disclosed Santa Ana Not disclosed Tustin Not disclosed Tustin Not disclosed 55A -68 Properties for Sale: Land Only City Price Santa Ana $11,995 Santa Ana $250,000 Santa Ana $290,000 Santa Ana $689,000 Garden Grove $750,000 Tustin $1,500,000 Santa Ana $2,380,000 Anaheim $3,500,000 Santa Ana Not disclosed Santa Ana Not disclosed 55A -69 Properties for Sale: Office Use city Price Tustin $130,000 Tustin $137,000 Santa Ana $149,999 Santa Ana $155,000 Santa Ana $159,200 Santa Ana $168,000 Santa Ana $190,000 Orange $220,000 Santa Ana $268,650 Santa Ana $290,250 Santa Ana $315,000 Tustin $333,000 Santa Ana $418,500 Tustin $440,000 Santa Ana $454,300 Santa Ana $485,000 Santa Ana $735,000 Santa Ana $775,000 Santa Ana $795,000 Santa Ana $899,000 Santa Ana $900,000 Orange $1,050,000 Costa Mesa $1,050,950 Costa Mesa $1,056,000 Costa Mesa $1,100,000 Santa Ana $1,100,000 Santa Ana $1,150,000 Santa Ana $1,250,000 Santa Ana $1,280,000 Orange $1,300,000 Fountain Valley $1,450,000 Irvine $1,597,950 Tustin $1,698,928 Santa Ana $1,699,000 Orange $1,795,000 Costa Mesa $1,920,000 Santa Ana $1,936,000 Tustin $1,950,000 Tustin $2,495,000 Santa Ana $2,511,630 Costa Mesa $2,560,000 Irvine $2,589,580 55A -70 Orange $3,000,000 Orange $3,000,000 Costa Mesa $3,275,000 Orange $3,500,000 Santa Ana $3,500,000 Santa Ana $3,500,000 Tustin $3,895,000 Tustin $3,970,727 Irvine $3,995,000 Orange $4,200,000 Orange $4,399,000 Santa Ana $4,500,000 Santa Ana $4,600,000 Santa Ana $4,680,000 Irvine $4,735,000 Santa Ana $6,200,000 Irvine $7,234,235 Santa Ana $7,650,000 Garden Grove $8,250,000 Santa Ana $10,828,800 Santa Ana $15,500,000 Santa Ana $17,685,000 Costa Mesa Not disclosed Irvine Not disclosed Santa Ana Not disclosed Santa Ana Not disclosed 55A -71 Retail Properties for Sale City Price Tustin $139,900 Garden Grove $299,999 Orange $449,000 Santa Ana $699,000 Santa Ana $699,000 Santa Ana $850,000 Orange $875,000 Santa Ana $900,000 Santa Ana $900,000 Santa Ana $929,000 Santa Ana $975,000 Santa Ana $1,100,000 Garden Grove $1,200,000 Orange $1,280,000 Santa Ana $1,375,000 Santa Ana $1,400,000 Garden Grove $1,499,900 Santa Ana $1,500,000 Santa Ana $1,550,000 Santa Ana $1,620,000 Garden Grove $1,670,000 Garden Grove $1,700,000 Anaheim $1,920,000 Santa Ana $2,050,000 Orange $2,400,000 Santa Ana $2,495,000 Fountain Valley $2,498,000 Westminster $2,590,000 Anaheim $2,880,000 Westminster $2,900,000 Garden Grove $3,010,000 Santa Ana $3,495,000 Tustin $3,500,000 Tustin $3,500,000 Santa Ana $4,000,000 Santa Ana $4,320,000 Tustin $4,875,000 Orange $5,200,000 Tustin $6,000,000 Santa Ana $7,000,000 Anaheim $7,200,000 Orange $11,855,000 Santa Ana $17,685,000 55A -72 Retail Properties for Sale City Price Fountain Valley Not disclosed Garden Grove Not disclosed Garden Grove Not disclosed Santa Ana Not disclosed Tustin Not disclosed Tustin Not disclosed 55A -73 Warehouse Properties for Sale City Price Garden Grove $599,000 Garden Grove $1,111,725 Garden Grove $1,437,735 Santa Ana $1,461,020 Garden Grove $2,576,000 Orange $4,885,000 Irvine $5,132,640 Santa Ana $35,000,000 Santa Ana Not disclosed Santa Ana Not disclosed Orange Not disclosed Irvine Not disclosed Irvine Not disclosed 55A -74 Commercial Properties for Lease: Warehouse Lease City Price Santa Ana $0.34 Garden Grove $0.49 Santa Ana $0.50 Anaheim $0.59 Santa Ana $0.65 Santa Ana $0.65 Santa Ana $0.65 Santa Ana $0.67 Anaheim $0.69 Costa Mesa $0.72 Irvine $0.72 Santa Ana $0.72 Santa Ana $0.74 Anaheim $0.75 Irvine $0.75 Santa Ana $0.75 Orange $0.78 Santa Ana $0.79 Orange $0.80 Santa Ana $0.80 Santa Ana $0.80 Santa Ana $0.83 Irvine $0.85 Orange $0.85 Santa Ana $0.85 Orange $0.88 Irvine $0.89 Santa Ana $0.89 Santa Ana $0.89 Santa Ana $0.89 Garden Grove $0.90 Irvine $0.90 Orange $0.90 Orange $0.90 Santa Ana $0.90 Santa Ana $0.90 Santa Ana $0.90 Santa Ana $0.92 Santa Ana $0.95 Santa Ana $0.95 Tustin $0.95 Santa Ana $0.98 Tustin $0.98 55A -75 Commercial Properties for Lease: Warehouse Lease City Price Tustin $0.98 Santa Ana $0.99 Anaheim $1.00 Irvine $1.00 Santa Ana $1.00 Santa Ana $1.00 Santa Ana $1.00 Orange $1.05 Santa Ana $1.05 Santa Ana $1.10 Orange $1.11 Orange $1.11 Anaheim $1.18 Anaheim $1.18 Tustin $1.20 Santa Ana $1.21 Irvine $1.25 Irvine $1.25 Irvine $1.25 Orange $1.25 Santa Ana $1.25 Santa Ana $1.25 Irvine $1.30 Garden Grove $1.35 Anaheim $1.40 Tustin $1.50 Orange Negotiable Santa Ana Negotiable Santa Ana Negotiable 55A -76 Commercial Properties for Lease: Warehouse Lease City Price Santa Ana $0.10 Irvine $0.77 Anaheim $0.79 Santa Ana $0.80 Santa Ana $0.80 Anaheim $0.82 Orange $0.85 Orange $0.85 Santa Ana $0.89 Orange $0.90 Santa Ana $0.90 Orange $0.93 Orange $0.95 Santa Ana $0.95 Tustin $0.95 Santa Ana $0.97 Santa Ana $0.98 Irvine $1.00 Orange $1.00 Santa Ana $1.05 Tustin $1.05 Santa Ana $1.10 Tustin $1.10 Santa Ana $1.13 Santa Ana $1.15 Irvine $1.20 Irvine $1.20 Irvine $1.20 Irvine $1.20 Santa Ana $1.20 Irvine $1.25 Irvine $1.25 Irvine $1.25 Santa Ana $1.25 Irvine $1.30 Tustin $1.30 Costa Mesa $1.35 Fountain Valley $1.35 Tustin $1.40 Tustin $1.40 Tustin $1.40 Tustin $1.40 Tustin $1.40 55A -77 Commercial Properties for Lease: Warehouse Lease City Price Irvine $1.50 Orange $1.50 Irvine $1.65 Orange Negotiable Santa Ana Negotiable Santa Ana Negotiable 55A -78 Commercial Properties for Lease: Flex Sale City Price Santa Ana $520,000 Santa Ana $540,000 Anaheim $1,492,155 Costa Mesa $2,200,000 Anaheim $6,250,000 Irvine Not disclosed Santa Ana Not disclosed 55A -79 Commercial Properties for Lease: Land Lease City Price Tustin $0.20 Santa Ana $0.25 Santa Ana $0.27 Santa Ana $0.30 Santa Ana $0.34 Anaheim $0.74 Santa Ana $2.50 Santa Ana Negotiable 55A -80 Commercial Properties for Lease: Office Lease City Price Costa Mesa $0.09 Tustin $0.10 Santa Ana $0.12 Santa Ana $0.13 Irvine $0.15 Tustin $0.18 Santa Ana $0.65 Santa Ana $0.68 Orange $0.79 Santa Ana $0.79 Costa Mesa $0.80 Irvine $0.89 Santa Ana $0.89 Garden Grove $0.90 Orange $0.95 Santa Ana $0.95 Santa Ana $0.95 Santa Ana $0.99 Orange $1.00 Orange $1.00 Orange $1.00 Santa Ana $1.00 Santa Ana $1.00 Santa Ana $1.00 Santa Ana $1.00 Santa Ana $1.00 Santa Ana $1.05 Tustin $1.05 Fountain Valley $1.10 Fountain Valley $1.13 Santa Ana $1.15 Santa Ana $1.15 Santa Ana $1.15 Santa Ana $1.15 Santa Ana $1.15 Santa Ana $1.15 Irvine $1.20 Santa Ana $1.20 Santa Ana $1.20 Santa Ana $1.20 Tustin $1.20 Santa Ana $1.21 Santa Ana $1.22 55A -81 Page 1 Commercial Properties for Lease: Office Lease City Price Santa Ana $1.24 Anaheim $1.25 Anaheim $1.25 Garden Grove $1.25 Garden Grove $1.25 Irvine $1.25 Irvine $1.25 Santa Ana $1.25 Santa Ana $1.25 Santa Ana $1.25 Santa Ana $1.25 Tustin $1.25 Tustin $1.25 Tustin $1.25 Tustin $1.25 Santa Ana $1.29 Garden Grove $1.30 Santa Ana $1.30 Santa Ana $1.30 Santa Ana $1.30 Anaheim $1.35 Costa Mesa $1.35 Garden Grove $1.35 Garden Grove $1.35 Irvine $1.35 Orange $1.35 Orange $1.35 Orange $1.35 Orange $1.35 Orange $1.35 Santa Ana $1.35 Santa Ana $1.35 Santa Ana $1.35 Santa Ana $1.35 Santa Ana $1.35 Orange $1.36 Santa Ana $1.39 Santa Ana $1.39 Irvine $1.40 Irvine $1.40 Santa Ana $1.40 Santa Ana $1.40 Santa Ana $1.42 55A -82 Page 2 Commercial Properties for Lease: Office Lease City Price Tustin $1.42 Orange $1.45 Santa Ana $1.45 Santa Ana $1.45 Santa Ana $1.45 Tustin $1.45 Irvine $1.49 Anaheim $1.50 Costa Mesa $1.50 Fountain Valley $1.50 Fountain Valley $1.50 Fountain Valley $1.50 Irvine $1.50 Irvine $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Tustin $1.50 Tustin $1.50 Tustin $1.50 Tustin $1.50 Tustin $1.52 Santa Ana $1.54 Fountain Valley $1.55 Santa Ana $1.55 55A -83 Page 3 Commercial Properties for Lease: Office Lease City Price Santa Ana $1.55 Santa Ana $1.55 Anaheim $1.58 Garden Grove $1.60 Irvine $1.60 Orange $1.60 Orange $1.60 Tustin $1.60 Westminster $1.60 Fountain Valley $1.65 Garden Grove $1.65 Irvine $1.65 Irvine $1.65 Irvine $1.65 Orange $1.65 Santa Ana $1.65 Santa Ana $1.65 Santa Ana $1.65 Santa Ana $1.65 Santa Ana $1.70 Tustin $1.71 Santa Ana $1.74 Costa Mesa $1.75 Costa Mesa $1.75 Orange $1.75 Orange $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Santa Ana $1.75 Tustin $1.75 Tustin $1.75 Tustin $1.75 Tustin $1.75 Tustin $1.76 Santa Ana 1 $1.77 55A -84 Page 4 Commercial Properties for Lease: Office Lease City Price Anaheim $1.78 Costa Mesa $1.80 Orange $1.80 Santa Ana $1.80 Costa Mesa $1.85 Costa Mesa $1.85 Costa Mesa $1.85 Fountain Valley $1.85 Fountain Valley $1.85 Garden Grove $1.85 Irvine $1.85 Irvine $1.85 Orange $1.85 Santa Ana $1.85 Santa Ana $1.85 Tustin $1.85 Tustin $1.85 Tustin $1.85 Orange $1.89 Anaheim $1.90 Anaheim $1.90 Irvine $1.90 Santa Ana $1.90 Santa Ana $1.90 Tustin $1.91 Fountain Valley $1.93 Costa Mesa $1.95 Costa Mesa $1.95 Costa Mesa $1.95 Irvine $1.95 Irvine $1.95 Irvine $1.95 Irvine $1.95 Orange $1.95 Santa Ana $1.95 Tustin $1.95 Tustin $1.95 Costa Mesa $2.00 Costa Mesa $2.00 Garden Grove $2.00 Santa Ana $2.00 Santa Ana $2.00 Santa Ana $2.00 55A -85 Page 5 Commercial Properties for Lease: Office Lease City Price Tustin $2.00 Tustin $2.00 Tustin $2.00 Orange $2.05 Santa Ana $2.05 Santa Ana $2.05 Santa Ana $2.05 Santa Ana $2.05 Santa Ana $2.05 Santa Ana $2.05 Santa Ana $2.06 Orange $2.10 Tustin $2.10 Tustin $2.10 Irvine $2.15 Santa Ana $2.15 Tustin $2.15 Costa Mesa $2.20 Tustin $2.20 Tustin $2.20 Westminster $2.20 Anaheim $2.25 Costa Mesa $2.25 Irvine $2.25 Santa Ana $2.25 Tustin $2.25 Orange $2.30 Anaheim $2.35 Garden Grove $2.35 Irvine $2.35 Irvine $2.35 Irvine $2.35 Irvine $2.35 Irvine $2.35 Irvine $2.35 Irvine $2.35 Orange $2.35 Santa Ana $2.35 Santa Ana $2.35 Orange $2.40 Santa Ana $2.40 Orange $2.43 rvine 1 $2.45 55A -86 Page 6 Commercial Properties for Lease: Office Lease City Price Irvine $2.45 Irvine $2.45 Irvine $2.45 Irvine $2.45 Irvine $2.45 Irvine $2.45 Tustin $2.45 Irvine $2.50 Orange $2.50 Santa Ana $2.65 Tustin $2.65 Costa Mesa $2.75 Orange $2.75 Orange $2.75 Orange $2.93 Orange $2.93 Costa Mesa $2.95 Orange $2.95 Tustin $2.95 Orange $3.00 Westminster $3.00 Costa Mesa $3.10 Orange $3.10 Orange $3.10 Orange $3.10 Orange $3.10 Garden Grove $3.15 Costa Mesa $3.20 Costa Mesa $3.20 Santa Ana $3.25 Santa Ana $3.33 Orange $3.62 Irvine $4.58 Anaheim Negotiable Anaheim Negotiable Anaheim Negotiable Anaheim I Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable 55A -87 Page 7 Commercial Properties for Lease: Office Lease City Price Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Costa Mesa Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Irvine Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange I Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable 55A -88 Page 8 Commercial Properties for Lease: Office Lease City Price Orange Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable 55A -89 Page 9 Commercial Properties for Lease: Retail Lease City Price Santa Ana $0.10 Orange $0.12 Santa Ana $0.23 Orange $0.28 Santa Ana $0.50 Santa Ana $0.80 Garden Grove $1.00 Orange $1.00 Santa Ana $1.00 Garden Grove $1.10 Fountain Valley $1.13 Santa Ana $1.20 Santa Ana $1.20 Santa Ana $1.20 Santa Ana $1.22 Anaheim $1.25 Garden Grove $1.25 Garden Grove $1.25 Santa Ana $1.25 Santa Ana $1.25 Santa Ana $1.25 Tustin $1.25 Fountain Valley $1.35 Fountain Valley $1.35 Garden Grove $1.35 Garden Grove $1.35 Garden Grove $1.35 Orange $1.35 Orange $1.35 Fountain Valley $1.39 Garden Grove 1 $1.40 Garden Grove $1.40 Santa Ana $1.45 Garden Grove $1.47 Anaheim $1.50 Anaheim $1.50 Fountain Valley $1.50 Garden Grove $1.50 Garden Grove $1.50 Orange $1.50 Orange $1.50 Orange $1.50 Orange $1.50 55A -90 Commercial Properties for Lease: Retail Lease City Price Orange $1.50 Orange $1.50 Orange $1.50 Santa Ana $1.50 Santa Ana $1.50 Santa Ana $1.50 Tustin $1.50 Tustin $1.50 Orange $1.55 Santa Ana $1.55 Santa Ana $1.55 Garden Grove $1.60 Santa Ana $1.60 Santa Ana $1.64 Orange $1.65 Tustin $1.65 Tustin $1.67 Tustin $1.67 Garden Grove $1.70 Garden Grove $1.75 Garden Grove $1.75 Garden Grove $1.75 Anaheim $1.80 Garden Grove $1.80 Orange $1.80 Orange $1.82 Fountain Valley $1.85 Orange $1.85 Orange $1.86 Santa Ana $1.87 Orange $1.90 Garden Grove $1.95 Santa Ana $1.95 Santa Ana $1.95 Santa Ana $1.95 Garden Grove $2.00 Garden Grove $2.00 Garden Grove $2.00 Orange $2.00 Orange $2.00 Santa Ana $2.00 Santa Ana $2.00 Santa Ana $2.00 55A -91 Commercial Properties for Lease: Retail Lease City Price Tustin $2.00 Tustin $2.00 Orange $2.10 Garden Grove $2.13 Orange $2.14 Tustin $2.15 Westminster $2.20 Orange $2.21 Garden Grove $2.25 Orange $2.25 Orange $2.25 Orange $2.25 Santa Ana $2.25 Santa Ana $2.25 Santa Ana $2.25 Santa Ana $2.25 Santa Ana $2.25 Santa Ana $2.25 Tustin $2.25 Tustin $2.25 Westminster $2.25 Garden Grove $2.35 Santa Ana $2.35 Santa Ana $2.40 Garden Grove $2.50 Orange $2.50 Santa Ana $2.50 Santa Ana $2.50 Tustin $2.50 Tustin $2.50 Tustin $2.75 Santa Ana $2.85 Tustin $2.95 Tustin $2.95 Tustin $2.95 Fountain Valley $3.00 Garden Grove $3.00 Santa Ana $3.00 Santa Ana $3.00 Santa Ana $3.00 Tustin $3.00 Westminster $3.00 Westminster $3.00 55A -92 Commercial Properties for Lease: Retail Lease City Price Santa Ana $3.15 Santa Ana $3.33 Anaheim $3.75 Orange $4.00 Orange $4.00 Westminster $4.00 Santa Ana $4.25 Irvine $4.58 Anaheim Negotiable Anaheim Negotiable Anaheim Negotiable Costa Mesa Negotiable Fountain Valley Negotiable Fountain Valley Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Garden Grove Negotiable Irvine Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Orange Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable 55A -93 Commercial Properties for Lease: Retail Lease City Price Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Santa Ana Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable Tustin Negotiable 55A -94 City Price Santa Ana $520,000 Santa Ana $540,000 Anaheim $1,492,155 Costa Mesa $2,200,000 Anaheim $6,250,000 Irvine Not disclosed Santa Ana Not disclosed 55A -95 Exhibit 55A -96 Relocation Assistance Informational Statement For Business, Farm & Nonprofit' (Federal) Displacing Agency: City of Santa Ana Project Name: Bristol Street Improvement Project Phase III A between Civic Center Dr. and Washington Ave. Displacing A_ enc Representative: Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 Phone: 949.951.5263 Spanish speaking agents are available. Si necesita esta informaaion en espahol, por favor Name a su agente. ©1980.20'14 Overland, Pacific & Cutler, Inc. (Oct -14) Page 1 of 10 55A -97 Wormational Statement for Business, Farm & Non -Pr (Federal) Introduction The property on which you now conduct your business is in an area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move your business, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPQ to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your relocation agent at Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations B. Payment for your moving expenses. You may receive one of the following options Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the Displacing Agency's decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. ©1989.2914 Overland, Pacific & Cutler, Inc. (Oct -14) Page 2 of 19 55A -98 GENERAL RELOCATION QUESTIONS 1. How Will I Know I Am Eligible for Relocation Assistance? Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency's initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How Will the Displacing Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by an agent of the Displacing Agency. The interviewer will want to get information about your current operation, as well as identify movable personal property and non - movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may want to discuss other issues relative to your move. It is to your advantage to provide as much information as possible so that the Displacing Agency, through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the Displacing Agency so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property to the Displacing Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). S. Will I Have to Pay Rent to the Displacing Agency Before I Move? You may be required to pay a fair rent to the Displacing Agency for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. ©1980 -2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 3 of 10 55A -99 6. How Will I Find a Replacement Location? Your relocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who can assist you in finding the type of replacement location you require. However, you are urged to take an active role in identifying, and relocating to, a location of your choice. No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance Will Be Available to Help Me? In addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and /or other personal property. The range of services depends on the needs of the business being displaced. You should ask the Displacing Agency's relocation agent to tell you about the specific services that will be available to you. 8. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify the Displacing Agency's relocation agent, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The Displacing Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a payment. Contact the Displacing Agency's relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What Kinds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteria, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: ©1980 -2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 4 of 10 55A -100 Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the cost of: 1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the Displacing Agency determines that relocation beyond 50 miles is justified. 2. Packing, crating, unpacking, and uncrating of the personal property. 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available within the building. It also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. 4. Storage of the personal property determined to be necessary by the Displacing Agency, not to exceed 12 months, unless the Displacing Agency determines that a longer period is warranted. 5. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through fault or negligence of the displaced person, his or her agent or employee), where insurance covering such loss, theft or damage is not reasonably available. 7. Any license, permit, fees or certification required of your business at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. 8. Reasonable and preauthorized professional services, the Displacing Agency determines to be necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location. 9. Re- lettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the Displacing Agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. (If you elect to discontinue your business, the estimated cost will be based on a moving distance of 50 miles.) ©1980 -2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 5 of 10 55A -101 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade -in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the Displacing Agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. 12. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which are incurred in searching for a replacement location including: i) Transportation ii) Meals and lodging away from home. iii) Time spent searching, based on reasonable salary or earnings. iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site. V) Time spent in obtaining permits and attending zoning hearings; and vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings. 14. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the Displacing Agency, the allowable moving cost payment shall not exceed the lesser of; the amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. 15. Other related moving expenses as the Displacing Agency determines to be reasonable and necessary, including: Connection to available nearby utilities from the right -of -way to improvements at the replacement site; ii) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for your business operation, including but not limited to soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the Displacing Agency's discretion, a reasonable pre- approved hourly rate may be established iii) Impact fees or one -time assessments for anticipated heavy utility usage, as determined by the Displacing Agency. The Displacing Agency's relocation agent will explain all eligible moving costs, as well as, those which are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. The Displacing Agency will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self- move" your property. Payment for a self -move is based on the amount of an acceptable low bid or estimate obtained by the © 1980 -2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 6 of 10 55A -102 Displacing Agency. If you self -move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the Displacing Agency cannot agree on an acceptable amount to cover the cost of the self -move, you will have to submit full documentation in support of your claim. You may elect to pay your moving costs yourself and be reimbursed by the Displacing Agency or, if you prefer, you may have the Displacing Agency pay the mover directly. In either case, let the Displacing Agency's relocation agent know before you move. The Displacing Agency agent can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the Displacing Agency. If not sold or traded -in, the item must remain at the old location and ownership of the item must be transferred to the Displacing Agency before you may receive the payment. In addition to the reimbursable expenses described above, a small business, farm or non - profit organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in relocating and reestablishing its operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the Displacing Agency. They may include but are not limited to the following: 1. Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. 2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. 3. Construction and Installation costs for exterior signage to advertise the business. 4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. 5. Advertising of replacement location. 6. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as: a. Lease or rental charges b. Personal or real property taxes c. Insurance premiums, and d. Utility charges (excluding Impact fees) 7. Other items that the Displacing Agency considers essential to the reestablishment of the business. The following is a non - exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: • Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or trade fixtures. • Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. • Interest costs associated with any relocation expense or the purchase of replacement property. • Payment to a part -time business in the home which does not contribute materially to the household income. ©1980.2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 7 of 10 55A -103 Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and Related Expenses A displaced business, non - profit organization or farm may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or farm, the payment is based on the average annual net earnings before Federal, State and local income taxes during the 2 taxable years immediately prior to the taxable year in which it was displaced. For a non - profit organization, the payment is based on the average of 2 years annual gross revenues less administrative expenses. In order to qualify for this payment, the Displacing Agency must determine that: 1. The business owns or rents personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings). 3. The business is not a part of a commercial enterprise having more than three other entities which are not being acquired by the Displacing Agency, and which are engaged in the same or similar business activities. 4. The business is not operated at the displacement dwelling /site solely for the purpose of renting such dwelling /site to others. 5. The business contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. If the business or farm was not in operation for the full two years prior to displacement, the net earnings are based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the Displacing Agency determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. Proof of net earnings must be furnished to the Displacing Agency through income tax returns, certified financial statements, or other reasonable evidence which the Displacing Agency determines is satisfactory. For a qualified non - profit organization, gross earnings may include membership fees, class fees, cash donations, tithes and receipts from sales or other forms of fund collection that enables the non - profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the non - profit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies. The Displacing Agency will inform you as to your eligibility for this payment option and the documentation you must submit to support your claim. Remember, when you elect to take this payment option you are not entitled to reimbursement for any other moving expenses i.e. Option A described above. ©19802014 Overland, Pacific & Cutler, Inc. (Oct -14) Page S of 10 55A -104 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the Displacing Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The Displacing Agency will inform you as to the exact costs that may be reimbursed. 12. How do I Receive a Relocation Payment? You must file a claim for a relocation payment. The Displacing Agency's relocation agent will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the Displacing Agency. You may be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the Displacing Agency may extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. 13. Non - Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti - discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. ©1980.2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 9 of 10 55A -105 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used and cannot be used for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 16. Lawful Presence Requirement Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation benefits in federally- funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for - profit or a non - profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 17. Additional Information If you have further questions after reading this brochure, please contact the Displacing Agency's relocation agent at Overland, Pacific & Cutler, Inc. ©1980.2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 10 of 10 55A -106 Exhibit G: 55A -107 Displacing Agency: City of Santa Ana Project Name: Bristol Street Improvement Project Phase III A between Civic Center Dr. and Washington Ave. Displacing Agency Representative: overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 Phone: 949.951.5263 Informational Statement Content: 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment — Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures — Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non - Discrimination and Fair Housing 15. Additional Information And Assistance Available 01980 -2615 Overland, Pacific 8. Cutler, Inc. (Aug -15) Page 1 of 6 55A -108 Spanish speaking agents are available. Si neeesita esta informacidn.en espahol, por favor (lame a su agente. Informational Statement for Families and Individuals (Federal) 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPQ to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: ©1980.2015 Overland, Pacific & Cutler, Inc. (Aug -15) Page 2 of B 55A -109 • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). For example, you may choose a Self -Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self -Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $725.00 for one furnished room to $2,505.00 for eight rooms. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook -ups and other related moving fees. Fixed Moving Schedule CALIFORNIA Effective 2015 Occupant Owns Furniture: 1 room $725 2 rooms $930 3 rooms $1,165 4 rooms $1,375 5 rooms $1,665 6 rooms $1,925 7 rooms $2,215 8 rooms $2,505 Each additional room $265 Occupant does NOT Own Furniture: 1 room $475 Each additional room 90 B. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. 4 REPLACEMENT HOUSING PAYMENT— TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant or owner who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty -two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30 %) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. © 1980 -2015 Overland, Pacific & Cutler, inc. (Aug -15) Page 8 of 8 55A -110 B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down - payment and non - recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 90 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $31,000.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: © 1980 -2015 Overland, Pacific & Cutler, Inc. (Aug -15) Page 4 of 6 55A -111 For a tenant, the date you move from the displacement dwelling. For an owner - occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down - payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed © 1980 -2615 Overland, Pacific & Cutler, Ino. (Aug -15) Page 5 of 6 55A -112 by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used and cannot be used for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally- funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14, NON - DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti - discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at Overland, Pacific & Cutler. @1980-2015 Overland, Pacific & Cutler, Inc. (Aug -15) Page 6 of 6 55A -113 Public Comments r Response 55A -114 55A -116 5/3/16 jxs RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE 3A IMPROVEMENTS OF THE BRISTOL STREET IMPROVEMENTS PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON 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 ( "Council') hereby finds, determines and declares as follows A. Bristol Street is a major north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane, continues to be a long -term priority project, constructed in several phases. B. On March 6, 2006, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for widening of Bristol Street between Warner Avenue and Seventeenth Street. C. The March 6, 2006 agreement committed OCTA to contribute funding for various phases of the Bristol Street widening project. D. The Public Works Agency is acquiring property for development of Phase 3A, bounded by Civic Center Drive and Washington Avenue, and expects to complete the right -of -way acquisition process by June 2017. Construction is anticipated to begin in late 2017. E. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. F. Section 6002 and 6038 of the California Code of Regulations, Title 25, Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement of residential and business occupants. G. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., and the Relocation Guidelines, California Code of Resolution No. 2016- 55A -117 5/3/16 jxs Regulations, Title 25, Chapter 6 and has been made available for Public review since April 01, 2016. Each potential displaced occupant was given written notification regarding the Plan's availability and an opportunity to submit questions or comments. H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re- establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $3,114,470. Section 2: The City Council hereby approves the Relocation Plan for the acquisition activities for Phase 3A of the Bristol Street widening plan between Civic Center Drive and Washington Avenue. Section 3: In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared FEIR (FEES /EIR No. 89 -01) approved by City Council in 1990. Due to several minor design modifications related to Phase 3A, an Addendum to the FEIS /EIR was prepared and adopted according to the California Environmental Quality Act by City Council on April 7, 2015. 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 3rd day of May, 2016, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. se Sando al, Chief Assistant City Attorney Resolution No. 2416- 55A -118 5 /3 /16Ixs AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers; CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on May 3, 2016. Date: Maria D, Huizar, Clerk of the Council 55A -119 Resolution No. 2016- 55A -120 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RESOLUTION FOR THE FORMATION OF THE SANTA ANA WORKFORCE DEVELOPMENT BOARD AND APPOINTMENT OF MEMBERS AND DISMANTLING OF THE WORKFORCE INVESTMENT BOARD (WIB) (STRATEGIC,PLAN NO 2,4) f CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-IT0000W ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Repeal Resolution 2000 -015 which established the Santa Ana Workforce Investment Board required by the Federal Workforce Investment Act of 1998. 2. Adopt a Resolution creating the Santa Ana Workforce Development Board and appoint members as outlined under the Federal Workforce Innovation and Opportunity Act of 2014. 3. Authorize the Mayor and the Interim Chair of the Workforce Development Board to sign the Workforce Development Board Recertification Request for Program Years 2016 -2018 and direct staff to submit to the California Workforce Development Board. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of March 17, 2016, the Workforce Investment Board, by a vote of 14:0 (Jimenez -Hami, Korthuis, Martinez, McMurtray, Ray, Ruiz, Sanchez and Tucker absent), recommended that the City Council: 1. Establish the size of the Workforce Development Board with representation from the categories as outlined in the Federal Workforce Innovation and Opportunity Act. 2. Recommend City Council adopts a resolution establishing the Workforce Development board and appoints members as outlined under the Workforce Innovation and Opportunity Act. 3. Recommend to City Council to authorize the Mayor and Chair of the Workforce Board to sign the Board Recertification Request for Program Years 2016 -2018 and direct staff to submit to the California Workforce Development Board. 5513-1 Formation of the Santa Ana Workforce Development Board and Appointment of Members May 17, 2016 Page 2 DISCUSSION On January 28, 2000 Santa Ana was designated as a Local Workforce Investment Area by the Governor for the purposes of carrying out the provisions of the Workforce Investment Act of 1998 (WIA). On March 7, 2000 City Council adopted Resolution No. 2000 -015 creating the Workforce Investment Board to oversee implementation of WIA in the City. The Workforce Innovation and Opportunity Act of 2014 (WIOA) was signed into law on July 22, 2014, which further integrates workforce systems across multiple federal agencies and suspended the Workforce Investment Act of 1998. WIOA expands workforce offerings in which to develop a skilled workforce and to respond to local businesses and industry needs. Interim implementation of WIOA began July 1, 2015 with full compliance required July 1, 2016. The Governor, in consultation with the State Workforce Development Board, approved initial designation as a Local Workforce Development Area (LWDA) to the City on June 23, 2015. WIOA requires that there shall be a local Workforce Development Board (WDB) in each local area to work in partnership with City Council to provide workforce policy guidance for the City's workforce system in accordance with applicable federal laws, rules and regulations that are not inconsistent with state and City laws, rules and regulations. The WDB composition requirements under WIOA differ from the previous Workforce Investment Act requirements in that the mandated one stop partners are no longer required to sit on the WDB allowing Santa Ana to reduce its board size from 35 members to as small as 19 members. The WIB has held a study session and at their March 17, 2016 meeting approved forwarding a recommendation to establish a WDB comprised of 25 members. WIOA Section 107(b)(2)(A -D) requires that a local WDB be comprised of representatives from specific categories and that the number of WDB members in the categories be proportional in different ways to the total membership while maintaining a greater than 50 percent representation from the business sector. Board members are to be appointed by the City Council under the categories of membership, prescribed by law, as follows: 1. Representatives from local businesses 2. Representatives from labor, labor registered (Apprenticeship, and Community Based Organization) 3. Representatives from local education institutions 4. Representatives from government entities (Department of Rehabilitation, Social Services Agency, EDD, Economic Development) 55B -2 13 members 5 members 3 members 4 members Formation of the Santa Ana Workforce Development Board and Appointment of Members May 17, 2016 Page 3 Attached is a listing of nominees representing the respective categories for appointment (Exhibit 1). Upon adoption of the resolution and appointment of members to the WDB, staff is required to submit the attached Local Workforce Development Board Recertification Request (Exhibit 2) to be signed by the Mayor and workforce board chair. STRATEGIC PLAN ALIGNMENT Approval assists the City in meeting Goal #2 - (Youth, Education, Recreation), Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Cortez Special Assistant to the City Manager City Manager's Office RC /DS Exhibits: 1. Nominees to the Workforce Development Board 2. Local Workforce Development Board Recertification Request 3. Resolution 55B -3 55B -4 Recommendations to Appoint to the Santa Ana Workforce Development Board 1. Private Sector Nominee: 2. Private Sector Nominee: Private Sector Nominee: 4. Private Sector Marjorie Knitter, President, The Moote Group Patrick Korthuis, Owner, Sir Speedy Printing Greg Lewis, Partner, Elliott, Lewis, Lieber &Stumpf Lee McMurtray, VP Global Commercial Banking, Bank of America Merrill Lynch Steve Piwnica, General Manager, Royalty Carpet Mills Darren Rutledge, General Manager, Guarantee Chevrolet Stacey Sanchez, Director, Southern California Reinvestment CDFI Barbara Smith, General Manager, Holiday Inn Santa Ana, OC Airport Bill McGowan, Client Business Part ner, Barrett Business Services Inc. Andy Wadhera, President, CalTrend Automotive Products Dave Elliott, President, Santa Ana Chamber of Commerce Vacant Vacant Gilbert Davila, Organizing Representative, UFCW Local 324 Nominee: Robert Ruiz, Secretary Treasure, Laborers Local 652 16. Labor Nominee: Robert Tucker, Labor Relations Rep., CA School Employees Association 17. Labor /Apprenticeship Nominee: Brent Beasley, Business Manager, Roofers and Water proofers Local 220 18. Community Based Organization Nominee: Clarence Buddy Ray, Executive Director, Community Action Partnership of OC 19. Education/Title II Adult Education Nominee: Dr. Erlinda Martinez, President, Santa Ana College 20. Education /Higher Education Nominee: John Didion, Exec. Vice Chancellor Rancho Santiago Community College 21. Education/ SAUSD Nominee: Vacant 22. Government/ Employment Development Division Nominee Robert Claudio, Deputy Division Chief Southern Workforce Services, EDD 23. Government/ Department of Rehabilitation Nominee: Ignacio Alegre, Rehabilitation Supervisor, Department of Rehabilitation 24. Government/ Orange County Department of Social Services Nominee: Nathan Nishimoto, Director, FSS Division, Depart ment of Social Services 25. Economic Development Nominee: Dave Elliott *, President, Santa Ana Chamber of Commerce *Denotes— Individual represents multiple categories EXHIBIT 1 55B -5 Nominee: 5. P Private Sector Nominee: 6. P Private Sector Nominee: 7. P Private Sector Nominee: 8. P Private Sector Nominee: 9. P Private Sector Nominee: 10. P Private Sector Nominee: 11. P Private Sector Nominee: 12. P Private Sector Nominee: 13. P Private Sector Nominee: 14. L Labor Nominee: 15. L Labor ner, Barrett Business Services Inc. Andy Wadhera, President, CalTrend Automotive Products Dave Elliott, President, Santa Ana Chamber of Commerce Vacant Vacant Gilbert Davila, Organizing Representative, UFCW Local 324 Nominee: Robert Ruiz, Secretary Treasure, Laborers Local 652 16. Labor Nominee: Robert Tucker, Labor Relations Rep., CA School Employees Association 17. Labor /Apprenticeship Nominee: Brent Beasley, Business Manager, Roofers and Water proofers Local 220 18. Community Based Organization Nominee: Clarence Buddy Ray, Executive Director, Community Action Partnership of OC 19. Education/Title II Adult Education Nominee: Dr. Erlinda Martinez, President, Santa Ana College 20. Education /Higher Education Nominee: John Didion, Exec. Vice Chancellor Rancho Santiago Community College 21. Education/ SAUSD Nominee: Vacant 22. Government/ Employment Development Division Nominee Robert Claudio, Deputy Division Chief Southern Workforce Services, EDD 23. Government/ Department of Rehabilitation Nominee: Ignacio Alegre, Rehabilitation Supervisor, Department of Rehabilitation 24. Government/ Orange County Department of Social Services Nominee: Nathan Nishimoto, Director, FSS Division, Depart ment of Social Services 25. Economic Development Nominee: Dave Elliott *, President, Santa Ana Chamber of Commerce *Denotes— Individual represents multiple categories EXHIBIT 1 55B -5 55B -6 Attachment �. • • . ,.. f` • • . • Recertification Request Program Years 2016 -18 Local Workforce Development Board Santa Ana 1999Y This will serve as our request for Local Workforce Development Board (Local Board) recertification for Program Years (PYs) 2016 -18 under the Workforce Innovation and Opportunity Act (WIOA), If the California Workforce Development Board (State Board) determines the request is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this request. Santa Ana Workforce Development Board Name of Local Board 1000 E. Santa Ana Blvd., Suite 200 Mailing Address Santa Ana, CA 9_2706 City, State Zip Deborah Sanchez Contact Person 714 -565 -2621 Contact Person's Phone Number March 23, 2016 Date of Submission Page 2 of 18 55B -8 Table of Contents LocalBoard Membership ................................................................................................ ..............................4 Local Board Performance Accountability Measures ...................................................... .............................12 Local Board Sustained Fiscal Integrity ............................................................................ .............................13 LocalBoard WIOA Implementation ................................................................................ .............................14 LocalBoard Assurances .................................................................................................. .............................16 SignaturePage ................................................................................................................ .............................18 Instructions If additional pages were added to the Local Workforce Development Board Recertification Request, the page numbers may be updated by hovering over the gray box above, clicking, and then selecting "Update Table" on the top left corner. Page 3 of 18 55B -9 Local Board MembershiR Instructions Enter the names of the Local Board members In the appropriate membership categories found In the tables below, If the Chief Local Elected Official (CEO) has approved additional members, enter the information under the "ADDITIONAL MEMBERS" table. If an individual represents multiple categories, after the first time s /he is identified (subsequent to the first notation), please asterisk his /her name at all subsequent entries. Address any vacancies under "CORRECTIVE ACTION COMMENTS." If additional rows are needed, add a table following the membership type. Page 4 of 18 55B -10 BUSINESS WIOA Section 107(b)(2)(A) — a majority of the members of each Local Board shall be representatives of business in the Local Workforce Development Area (Local Area), who (1) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (ii) represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high- quality, work - relevant training and development In in- demand industry sectors or occupations in the Local Area; and (iii) are appointed from among individuals nominated by local business organizations and business trade associations. • WIOA Section 107(b)(3) —the members of the Local Board shall elect a chairperson for the Local Board from among the representatives described in Section 107(b)(2)(A). • Must include two or more members that represent small business as defined by the U.S. Small Business Administration. Name ljtleM�iY Appofhtment Tern%End _ Date . Qa"te Chairperson // VP Global Lee McMurtray CommercialBanking Bank of America 2 -17 -2015 3 -31 -2019 Small Business/ Marjorie Knitter President The Moote Group 12 -21 -2012 3 -31 -2016 Small Business/ Patrick Korthuis Owner Sir Speedy Printing 2 -17 -2015 3 -31 -2019 Greg Lewis CPA /Partner ELLS, Inc, 2 -18 -2014 3 -31 -2018 Steve Piwnica General Manager Royalty Carpet Mill 2 -21 -2012 3 -31 -2016 Andy Wandhera President CalTrend Automotive 2 -07 -2011 3 -31 -2016 Products David Elliott President Santa Ana 2 -21 -2012 3 -31 -2016 Chamber Stacey Sanchez Exec. Director So Calif. 2 -21 -2012 3 -31 -2016 Reinvestment CDFI Darren Rutledge General Manager Guarantee 2 -18 -2014 3 -31 -2018 Chevrolet William McGowen Partner, Client Barrett Business 4 -19 -2016 _ 3 -31 -2020 Business Services Inc. Holiday Inn, Barbara Smith General Manager Orange County 4 -19 -2016 3 -31 -2020 Airport Page 5 of 18 55B -11 It !,'UR IR WIOA Section 107(b)(2)(B) — not less than 20 percent of the members of each Local Board shall be representatives of the workforce within the Local Area, who— (1) shall include representatives of labor organizations (for a Local Area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a Local Area in which no employees are represented by such organizations) other representatives of employees; (ii) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor- management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; (iii) may include representatives of community based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for.individuals with disabilities; and (iv) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out -of- school youth. Must include two or more representatives of labor organizations, where such organizations exist in the Local Area. Where labor organizations do not exist, representatives must be selected from other employee representatives. Must include one or more representatives of a joint labor- management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization. If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation must be appointed, If one exists. California Unemployment Insurance Code (CUIC) Section 14202(c) further requires and specifies that at least 15 percent of Local Board members shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. If this occurs, then at least 10 percent of the Local Board members shall be representatives of labor organizations. Page 6 of 18 55B -12 Appainttnent term find _ Name Title Entity pate Date Labor Organization/ Gilbert Davila Organizing Rep UFCW Local 324 2 -21 -2012 3 -31 -2016 Labor Organization/ Robert Ruiz Secretary/Treasurer Laborers Local 652 2 -17 -2015 3 -31 -2019 Registered Apprenticeship/ Roofers & Water Brent Beasley Business Manager proofers Local 220 2- 17.2015 3 -31 -2019 Labor Organization CA Schools Bob Tucker Labor Relations 2 -17 -2015 3 -31 -2019 Rep Employees Assoc. Buddy Ray Executive Director Community Action 2 -21 -2012 3 -31 -2016 Partnership of OC Page 6 of 18 55B -12 rARW RITS1191►FIRMel riIcTAIII[h'[el WIOA Section 107(b)(2)(C) — each Local Board shall Include representatives of entities administering education and training activities in the Local Area, who— (i) shall include a representative of eligible providers administering adult education and literacy activities under title Ii; (ii) shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); (iii) may include representatives of local educational agencies, and of community -based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. Must include at least one eligible provider administering adult education and literacy activities under WIOA title II. * Must include at least one representative from an institution of higher education providing workforce investment activities, including community colleges. Name Title Entity Appoitrri nt Date. `term End .; Date Dr. Erllnda Martinez Adult Education &Literacy/ President Santa Ana College 2 -21- 201_2 3 -31 -2016 John Didion Institution Higher Education/ Exec. Vice Chancellor Rancho Santiago` Community College District 2 -18 -2014 3 -31 -2018 Page 7 of 18 55B -13 GOVERNMENTAL AND ECONOMIC AND COMMUNITY DEVELOPMENT WIOA Section 107(b)(2)(D) — each Local Board shall include representatives of governmental and economic and community development entities serving the Local Area, who— (i) shall include a representative of economic and community development entities; (ii) shall include an appropriate representative from the State employment service office under the Wagner - Peyser Act (29 U.S.C. 49 et seq.) serving the Local Area; (iii) shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), serving the Local Area; (iv) may include representatives of agencies or entities administering programs serving the Local Area relating to transportation, housing, and public assistance; and (v) may include representatives of philanthropic organizations serving the Local Area. • Must include at least one representative of economic and community development entities. • Must include at least one representative from the state Employment Service Office (EDD) under the Wagner- PeyserAct (29 U.S.C. 49 et seq.) serving the Local Area. • Must include at least one representative from programs carried out under title I of the Rehabilitation Act of 1973, other than Section 112 or Part C of that title. Page 8 of 18 55B -14 Appointment Term End Name Title Entity Date Date Economic &Community Dev/ Santa Ana Dave Elliott* President Chamber 2.21.2012 3 -31 -2016 _ Employment Service/ Deputy Division Chief for So. Rob Claudio Workforce Services EDD 2 -21 -2012 3 -31 -2016 Rehabllitatlon Act of 1973/ Ignacio Alegre DOR Supervisor DOR 2 -17 -2015 3 -31 -2019 Director, Family Dept. of Social Nathan Nishimoto Self Sufficiency 12 -03 -2012 3 -31 -2016 Services Agency Division Page 8 of 18 55B -14 WIOA Section 107(b)(2)(E) — each Local Board may Include such other individuals or representatives of entities as the chief elected official (CEO) in the Local Area determines to be appropriate. Appointment Team End Name Title Entity Date ®ate Page 9 of 18 55B -15 CORRECTIVE ACTION COMMENTS Explain any vacant appointment(s) regarding the required membership composition only. Include the length of time the appointment(s) has been vacant, efforts made to fill the vacant appointment(s), and dates by which the vacant appointment(s) should be filled. Santa Ana WIB is seeking a nomination from Santa Ana Unified School District to serve on the board and represent K -12 along with its successful ROP /Career Pathway's initiatives. Staff anticipates the appointment will take place at the May 3, 2016 City Council meeting. Because of the anticipated appointment of a SAUSD representative, Santa Ana will need to appoint two additional private sector members in order to maintain the majority representation on the WDB. Staff anticipates receiving a couple of nominations shortly and are planning to take the names before the WIB Executive committee and then to City Council concurrently with the SAUSD nomination. Staff is working with the City Clerk and City Attorney's office with preparation of a Resolution re- naming the WIB to WDB and to appointment of all board members under the new board structure. A lottery will be held afterwards to establish new term dates. Page 10 of 18 55B -16 COMPLIANCE WITH MAJORITY OF BUSINESS REPRESENTATIVES The table below will assist Local Boards determine compliance with WIOA Section 107(b)(2)(A), which requires that a majority of the members be representatives of business in the Local Area. — UOUple 611CK the table nelow to open in EXCei. Total number of individuals currently sitting on local board = 21 Number of vacancies currently on local board = 3 Total local board membership = 24 Total number of Business Representatives currently sitting on local board = 11 Number of Business Representative vacancies currently on local board = 2 Total local board Business Representatives = 13 Divide total local board Business Representatives by total local board membership = 54.17% (Must be greater than 50 %) COMPLIANCE WITH 20% OF WORKFORCE REPRESENTATIVES AND 15% LABOR ORGANIZATION REPRESENTATIVES The table below will help Local Boards determine compliance with WIOA Section 107(b)(2)(B), which requires not less than 20 percent of the members be representatives of the workforce within the Local Area and compliance with CUIC Section 14202 which requires that at least 15 percent of Local Board members be representatives of labor organizations unless the local labor federation fails to nominate enough members, in which case it is 10 percent. — uouole CIICK the table oelow to open in Excel. Total number of individuals currently sitting on local board = 21 Number of vacancies currently on local board = 3 Total local board membership = 24 Total number of Workforce Representatives currently sitting on local board = 5 Number of Workforce Representatives vacancies currently on local board = 0 Total local board Workforce Representatives = 5 Divide total local board Workforce Representatives by total local board membership = 20.83% (Must not be less than 20 %) Total number of Labor Organization Representatives currently sitting on local board = Total number of Apprenticeship Program Representatives currently sitting on local board Number of Labor Org /Apprenticeship Program Representatives vacancies = Total local board Labor Representatives = Divide total local board Labor Representatives by total local board membership = 16.67% (Must be at least 15 %) Page 11 of 18 55B -17 Local Board Performance Accountability Measures Instructions Enter your Local Board's negotiated levels of performance and actual levels of performance for PYs 2013 -14 and 2014 -15. Performance Table Vame of Local Area: Santa Ana Common Measure Negotiated Actual Negotiated Actual PY 2013 -14 PY 209.3 -14 PY 2014 -15 PY 2014 -15 :Adult Entered Employment Rate 64.0 77,6 69.0 76,6 Employment Retention Rate 82.0 78.9 81.0 84.9 Average Earnings 12,000 12,164 11,650 11,200.59 Ddslocatod worker Entered Employment Rate 65.0 70.8 62.0 73.3 Employment Retention Rate 85.0 85.5 89.0 85.9 Average Earnings 14,750 14,376 14,850 14,370.82 Youth ( aes 14 21) Placement in Employment or Education 74.0 72.0 70.0 74.2 Attainment of a Degree or Certificate 65.0 86.0 64.0 89.4 Literacy and Numeracy Gains 67.0 83.1 69.5 92.4 Page 12 of 18 55B -18 Local Board Sustained Fiscal Illy The Local Board hereby certifies that it has not been found in violation of one or more of the following during PYs 2013 -14 or 2014 -15; • Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor, identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any Workforce Investment Act (WIA) requirement, such as failure to grant priority of service or verify participant eligibility, Gross negligence, which Is defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. Failure to observe accepted standards of administration. Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 29 Code of Federal Regulations (CFR) Parts 95 and 97, appropriate Office of Management and Budget circulars or rules, WIA regulations, and state guidance. Highlights of these responsibilities Include the following: o Timely reporting of WIA participant and expenditure data o Timely completion and submission of the required annual single audit o Nave not been placed on cash hold for longer than 30 days (In alignment with WIOA Section 106[e][2)) Page 13 of 18 55B -19 Local Board W10A Implementation Using the questions below, describe your Local Board's efforts toward implementing the following key WIOA implementation provisions and designing a better system for customers. 1. What activities have you undertaken to design a better system for customers? Specifically, describe any actions you have taken, or actions you plan to take, for the following topics: a. Developing new services • The Santa Ana WDB is exploring Job Readiness Training curriculums that teaches skills needed to be successful in the workplace, rather than skills needed to get into the workplace. Job readiness training will provide participants with specific occupational competencies needed to perform specific work tasks on the job. Staff is working with its EDD Vet Reps to streamline services targeting homeless veterans in the area. b. Entering into collaborative partnerships • Entered into a collaborative partnership with the Senior Community Service Employment Program (SCSEP). This program places low- income seniors, age 55 and older, into subsidized, part -time community service training opportunities leading to skill development and unsubsidized employment. Staff is collaborating with its EDD Vet Reps to streamline services targeting homeless veterans in the area. c. Creating innovative workforce development strategies in alignment with WIOA • Staff is working closely with Anaheim and Orange County WIB on its Slingshot initiative targeting general /advanced manufacturing and how to meet their training and employment needs. Staff is also discussing with its Economic Development co- workers on how to assist existing businesses with Incumbent worker training. d. Redesigning service delivery • Realigned Wagner Peyser Services and WIOA Title I services to meet WIOA requirements. Basic Labor Exchange services will be delivered by Wagner Peyser staff. However, a job club program will be integrated which delivers basic career services and individualized career services. Staff is also working closely with Title II Adult Education and Literacy to streamline referrals and enrollments in the non- credit credential training offerings. e. Other WIOA transitional activities to design a better system for customers • WIOA funded transitional jobs program will co- enroll Disabled Veterans Outreach program (DVOP) • The TAA and WIOA programs will attempt to achieve 100% co- enrollment of TAA program participants, Currently we have cross trained EDD /TAA staff to be the single point of contact case manager and co- enroll into CalJobs so that the participant does not have to bounce between the two entities. Page 14 of 18 55B -20 2. What steps have you taken to implement the new WIOA youth program requirements, including the 75 percent out -of- school youth and 20 percent work experience minimum expenditure requirements? January 2015 staff released a RFP for youth services. The RFP incorporated the 75% out of school youth and 20% work experience minimum expenditure requirements, Historically we served 70% out of school youth and all service providers had a work experience component in their program design so the new WIOA requirement was not difficult for us to reach, 3. Describe your efforts to comply with the Uniform Guidance requirements. Staff is working closely with the City's finance division in identifying policies that need revision and changes in procedures to be in compliance with the new uniform guidance requirements. The City is using this year of transition to be in full compliance this coming fiscal year. City accountants attended the training offered by DOL as well as supervisors and key managers attended training by the City's audit firm. 4. Describe your efforts to develop sector initiatives and career pathways in high demand industries in coordination with community colleges, apprenticeship programs, adult basic education, and other training providers. Santa Ana is participating In the Slingshot Initiative in manufacturing /advanced manufacturing and hospitality and tourism industry sectors. Santa Ana collaborates with the community college Doing What Matters Initiative and assisted in hosting a manufacturing round table session. The WIB has representation from Santa Ana Unified School District and Santa Ana College. In response to our regions' economy and student needs these two education entities have developed an interconnected career pathway programs that students from high school can clearly see and transfer to the community college and on to the Cal State or UC system. 5. Describe your efforts to adopt, implement, and promote the AJCC brand. AJCC is Incorporated into all our print material such as workshop flyers, job fairs, letterhead and business cards. As previously printed marketing materials are used up the AJCC branding is incorporated when we request re- prints. 6. Describe your efforts to complete Phase I of the MOU development process. What challenges are you facing? Staff has met with the primary partners to discuss the MOU, changes needed to reflect current services and client flow. The City Attorney is working or revising the boiler plate and staff is actively meeting with the partners to develop the attachments that will be unique to each partner. Challenges we are facing —time, None of our partners are opposed to developing or revising our MOU's but the time constraint to complete the process by June 30, 2016 is beginning to affect the quality of the document. Page 1.5 of 18 55B -21 Local Board Assurances For PYs 2016 -18, the Local Board assures that it will do the following: A, Comply with the applicable uniform administrative requirements, cost principles, and audit requirements Included in Title 2 CFR Parts 200 and 2900 (WIOA Section 184[x][2] and 13]). Highlights of this assurance include the following: • The Local Area's procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318). • The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508). *Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200,338). B, Do financial reporting In compliance with federal and state regulations and guidance. Highlights of this assurance include the following: • Reporting will be done in compliance with Workforce Services Directive WSD12 -3, Quarterly and Monthly Financial Reporting Requirements. • All close out reports will comply with the policies and procedures listed in Workforce Services Directive WSD09 -12, WIA Closeout Handbook. *Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338). C. Expend funds in accordance with federal and state laws, regulations, and guidance. Highlights of this assurance include: The Local Area will meet the requirements of State Senate Bill 734, to spend a minimum of 30 percent of combined total of adult and dislocated worker formula fund allocations on training services (CUIC Section 14211). The Local Area will not use funds to assist, promote, or deter union organizing (WIOASection 181[b][7]). D. Select AJCC operator(s), with the agreement of the local CEO, through a competitive process such as a Request for Proposal, unless granted a waiver by the state (WIOA Section 121[d][2][A] and 107(g][2]). Page 16 of 18 55B -22 E. Collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBS5m reporting requirements and deadlines. F. Comply with the nondiscrimination provisions of WIOA Section 188, including the collection of necessary data. G, Comply with State Board policies and guidelines, legislative mandates and /or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. H. Give priority of service to veterans, recipients of public assistance, other low - income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter 10 -09). Comply with Assembly Bill (AB) 1234 and ensure that local members receive ethics training every two years. AB 1234 requires Local Boards to consult with the California Fair Political Practice Commission (FEPC) and the California Attorney General's office regarding the content of the ethics training course they can use. Local Boards may consider using the free, two -hour, on -line ethics training course available from the FPPC: AS 1234 Ethics TraininR for Local Officials. J. Comply with the conflict of interest provisions of WIOA Section 107(h). Page 17 of 18 55B -23 Signature Page By signing below, the local CEO and Local Board chair request Local Board recertification, We certify that the Local Board appointed members as described in WIOA Section 107(a), (b), and (c), performed successfully and sustained fiscal Integrity during PYs 2013 -14 and 2014 -15, and developed and implemented strategies to improve and continuously strengthen the workforce development system in accordance with WIOA, Additionally, we agree to abide by the Local Area assurances included in this document. Instructions The Local Board chairperson and local CEO must sign and date this form. Include the original signatures with the request. Local Workforce Development Board Chair Signature Lee McMurtray Name W113 Chair Title Date Page 18 of 18 55B -24 Local Chief Elected Official Signature Miguel Pulido Name Mayor Title Date RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ESTABLISHMENT OF THE WORKFORCE DEVELOPMENT BOARD, APPOINTING MEMBERS THERETO, AND REPEALING RESOLUTION 2000 -015 THAT ESTABLISHED THE WORKFORCE INVESTMENT BOARD 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 Workforce Innovation and Opportunity Act of 2014 ( "WIOA"), which took effect on July 1, 2015, replaced the Workforce Investment Act ( "WIA") programs with WIOA programs. Under WIOA, the Governor, in conjunction with the California State Workforce Development Board, designates the local workforce development investment areas. B. On June 23, 2015, the City of Santa Ana was designated a Local Workforce Development Area ( "LWDA ") by the Governor for the purposes of carrying out the provisions of the WIOA. The WIOA states that there shall be a local Workforce Development Board ( "WDB ") established in each area that will set workforce policy for that local area. Once the WDB is established, the Workforce Investment Board shall be dissolved as the WIOA replaces the WIA. C. The purpose of the WDB shall be to work in partnership with City council to provide workforce policy guidance for the City's workforce system in accordance with applicable federal and state laws, rules and regulations that are not inconsistent with state and city laws, rules and regulations to satisfy the employment and labor demand needs of residents and business community. D. Board members are to be appointed by the City Council, with categories of membership as prescribed by law. WIOA states that membership of each local board shall include the following, with the majority of the board members and Chair coming from the private sector: 1. Representatives of business in the local area; 2. Representatives of local educational entities; 3. Representatives of labor and apprenticeship organizations; 4. Representatives of community -based organizations; and, 5. Representatives of government agencies. Resolution No. 2018 - �y U�BB l zz Page 1 of 3 bbCS -L� E. The private sector members are to be nominated by a business service organization, such as the Chamber of Commerce, and the labor, non - profit and public sector nominations are to be nominated by their respective organizations. The City Council shall review the nominations in order to appoint. F. The City shall serve the proper notice upon the WIB to terminate, due to the fact that the City will no longer be an LWIA under the WIA because WIOA took effect on July 1, 2015. G. The establishment of the WDB is necessary in order to bring WIOA funds into the City of Santa Ana. Section 2. The Workforce Development Board ("WDB") is hereby established pursuant to the Workforce Innovation and Opportunity Act ( "WIOA ") in orderto ensure the involvement of the business community, including small businesses, minority business enterprises, education, labor organizations, economic development agencies and one - stop delivery system partners in workforce investment activities, as well as to lead efforts to develop and implement career pathways within the local area by aligning the employment, training, education and supportive services that are needed by adults and youth, particularly individuals with barriers to employment. Section 3. The Mayor and City Council, after review of the private and public sector nominations for membership, ratifies such nominations and establishes the initial individuals to serve on the Board of the WDB. A list of the Board nominations is attached hereto as Exhibit A and incorporated herein by this reference. Hereafter, the individuals who serve on the Board shall be appointed and may be removed and vacancies may be filled by the Mayor and City Council by motion as provided by section 901 of the City Charter, to the extent that such Charter provisions do not conflict with the WIOA. Section 4. Pursuant to this Resolution, the Workforce Investment Board is hereby dissolved of all duties and responsibilities, and the newly established WDB shall act to implement the WIOA. Section 5. If any 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. 2018 - Page 2 of 3 55B -26 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Rya AYES Attorney Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2016. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , and that said resolution was published in accordance with the Charter of the City of Santa Ana, Date: Clerk of the Council City of Santa Ana 55B -27 Resolution No. 2016 - Page 3 of 3 55B -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RESOLUTION AMENDING FAIRMONT PERMIT PARKING DISTRICT {STRATEGIC PLAN NO. 5, 4} t r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on Z' Reading ❑ implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution amending the Fairmont Permit Parking District Resolution 2003 -047 for the purpose of expanding the district to include the Park Santiago Neighborhood. DISCUSSION The City's permit parking program was established to limit intrusion of non - residential and commuter parking into residential neighborhoods. The Fairmont Permit Parking District was initially created in 2003. Owners and residents of properties on the residential blocks north of the Fairmont Permit Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program. These residential blocks are not within an established permit parking district. Consistent with City policies, staff worked with the property owners to determine whether support exists to institute a permit parking district. Sufficient petitions were received from residents of Santiago Street between 17th and 19th Streets to meet the criteria for permit parking. Similar inquiries have also been received from residents of nearby streets. Therefore, to establish an area that accommodates any future requests, staff recommends amending the existing Fairmont Permit Parking District boundary to include the area bounded by Santiago Creek, Lincoln Avenue, 17th Street, the Santa Ana Freeway, and Main Street (Exhibit 1). Council adoption of this resolution is required to finalize the new Fairmont Permit Parking District boundaries (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability. 55C -1 Resolution Amending Resolution 2003 -047 Fairmont Permit Parking District May 17, 2016 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2016 -4.5 will be filed for this report. FISCAL IMPACT All revenues associated with this action will be deposited into the Parking Permit Fees Account (No. 08617002- 51702). Frbd Mousavipour Executive Director Public Works Agency FM /EWG /FO t[\T\tA\T' -N �k o.-- — Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Map – Fairmont Permit Parking District 2. Resolution 55C -2 i EXISTING FAIRMONT PERMIT PARKING DISTRICT PROPOSED EXPANSION TO FAIRMONT PERMIT PARKING DISTRICT SANTA ANA nAl PWA CITY COUNCIL. FAIRMONT AGENDA DATED NAY. 17, 2016 PERMIT PARKING DISTRICT exHOU 55C -3 55C -4 jxs 0412512016 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2003 -047 RELATED TO THE FAIRMONT PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE PARK SANTIAGO NEIGHBORHOOD 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. Pursuant to Article XI (commencing with Section 36 -480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. On May 19, 2003, by Resolution No. 2003 -047, the City Council of the City of Santa Ana established the Fairmont Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. The Fairmont residential neighborhood is in need of further parking restrictions to protect its integrity from the intrusion of vehicular parking incidental to commercial and governmental activities, to allow for adequate emergency vehicle access, to counter the visually blighting effect of highly intensive on- street parking, and to discourage overcrowding of dwelling units. Consistent with City policies, sufficient petitions were received from such residents to meet the criteria for permit parking. D. It is necessary to extend such parking restriction and corresponding permit parking system beyond the existing Fairmont neighborhood proper in order to protect nearby areas from increased demand for on- street parking due to the parking restrictions in the Fairmont neighborhood. E. To accommodate the present and future requests, the City Council of the City of Santa Ana now desires to expand the Fairmont Permit Parking District. Exhibit 2 Resolution No, 2016 -xxx Page 1 of 4 55C -5 jxs 04/25J2016 Section 2. The Fairmont Permit Parking District is hereby to consist in its entirety as follows: the Fairmont Neighborhood bounded on the north by 17th Street and east by Lincoln Avenue, on the southwest by the Santa Ana Freeway, and shall include the new additional neighborhood Park Santiago bounded on the north by the Santiago Creek, on the east by Lincoln Avenue, on the south by 17th Street, and on the west by the Santa Ana Freeway and Main Street, as more particularly described in Exhibit 1, attached hereto and incorporated herein by reference; and provided that said district does not include any street on its outer boundary and said district does not include 17th Street and sections of any street abutting non - residential uses within said district's boundary. Section 3. Permit parking restrictions shall apply to all portions of the Fairmont Park Santiago Neighborhoods, unless excluded by section 2 of this resolution. Permit parking restrictions shall apply to those portions of the Fairmont Permit Parking District as are determined to be in need of such restrictions by the Executive Director of the Public Works Agency. The Executive Director of the Public Works Agency is authorized to post appropriate signs giving notice of permit parking restrictions in those portions of the District where permit parking restrictions apply. Section 4. The parking restrictions imposed pursuant to said Article XI and this resolution shall apply to any block within the Fairmont Permit Parking District only after a petition signed by the owners of sixty -six percent (66 %) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions, and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI. Section 5. No person shall park or stop any vehicle on any portion of any street, at any time, within the Fairmont Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions and the specific nature of the parking limitation, except persons and vehicles exempted from such parking restrictions pursuant to Article XI and this resolution. Section 6. Persons entitled to a permit in locations subject to permit restrictions pursuant to this resolution include and are limited to the following: a. Any person who is licensed to drive a motor vehicle and who resides in a single - family dwelling located on a lot in the District which does not have more than one dwelling unit located on it, provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit. b. Any person who is licensed to drive a motor vehicle and who resides in a multiple - family dwelling located on any lot in the Fairmont Permit Parking District which does not have more than four dwelling units located on it, provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit; Resolution No. 2016 -xxx Page 2 of 4 55C -6 jxs 04/25/2016 and provided further, that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Section 7. The Executive Director of the Public Works 'Agency is authorized to establish rules for the issuance of guest parking permits to residents of the District and to issue or deny such permits in accordance therewith. Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders. Such rules may be revised from time to time as circumstances require. Section 8. 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 17"' day of May, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By' os Sandoval Q ief Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55C -7 Resolution No. 2016 -xxx Page 3 of 4 jxs 04/25/2016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on May 17, 2016. Date Clerk of the Council City of Santa Ana 55C -8 Resolution No. 2016 -xxx Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RESOLUTION SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} 5 �/ ---- Z��/ I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution setting administrative fines for violating Article 2 of Chapter 14 of the Santa Ana Municipal Code relating to fireworks. DISCUSSION At the May 3, 2016 City Council meeting, the City Council requested that staff complete the necessary staff work to increase fines for violations of Article 2 of Chapter 14 of the Santa Ana Municipal Code (SAMC) related to fireworks. Section 53069.4 of the California Government Code authorizes the City to make violations of the SAMC subject to an administrative fine and penalty. Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the administrative citation process. The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the administrative citation in place of other remedies shall be at the sole discretion of the enforcement officer. In addition, Sec. 1 -21.8 of the SAMC sets forth the administrative citation appeal process should any community member choose to contest the citation. Approval of this resolution will establish the following specific administrative fines related to violations of Article 2 of Chapter 14 of the SAMC related to fireworks. o An administrative fine of $250 for the first violation 0 An administrative fine of $1,000 for each additional violation of the same code provision within one year from the date of the first violation 55D -1 Resolution Setting Administrative Fines for Fireworks May 17, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 - Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy D (Expand Community awareness of Public Safety activities, programs and services that focus on risk reduction [smoke alarms, water safety, pedestrian safety, fire safety/prevention]). FISCAL IMPACT Fines received from the fireworks related administrative citations will be deposited in the Police Department's Fireworks Administrative Citation Account No. 01114002 - 55606. Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: � '�\S? ry Z %�� A= - - Francisco Gutierrez Executive Director Finance and Management Services Agency 55D -2 SRC 05/06/16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS WHEREAS, California Government Cade 53069.4 authorizes the City to make violations of the Santa Ana Municipal Code (SAMC) subject to an administrative fine and penalty; and WHEREAS, Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the administrative citation process; and WHEREAS, Santa Ana Municipal Code Section 1- 21.3(a) authorizes the City Council to establish by resolution the amounts of fines associated with administrative citations; and WHEREAS, the City Council has adopted Resolution No. in which it established general fines associated with SAMC violations and now wishes to establish specific administrative fines related to violations of Article 2 of Chapter 14, NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, California as follows: SECTION 1. Fines Established. The City Council hereby establishes the following fine amounts for administrative citations for violations of Article 2 of Chapter 14 of the SAMC related to fireworks: An administrative fine of $250 Is established for the first violation. An administrative fine of $1,000 is established for each additional violation of the same code provision within one year from the date of the first violation. SECTION 2. Effective Date. This resolution shall take effect upon adoption and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2016. Miguel A. Pulido Mayor 55D -3 SRC 05/06/16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 1f LA 4v AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 5501-4 ;�r� :: yz�.»�r�.r� 55D -6 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Thursday, May 05, 2016 11:42 AM To: eComment Subject: FW: Proposed tax on Fireworks Stands Categories: Correspondence Please include in correspondence when matter considered by the City Council. Thank you. From: Tim Rush [mailto:timrush @bhhscaprops.com] Sent: Thursday, May 5, 2016 11:41 AM To: Huizar, Maria <MHuizar @santa- ana.org>; Cavazos, David <DCavazos @santa- ana.org> Cc: jkwong @ocregister.com Subject: Proposed tax on Fireworks Stands Dear Mayor & City Council; The OC Register carried a story in the last several days about a proposed tax of $1354 per Fireworks stand under consideration by the City. This the story says is to offset some of the costs associated with public safety by the SAPD during the July 4`" holiday. As someone who has been at the forefront of leading the charge to abolish all fireworks in town this strikes me as most curious. Councilmember Benevides was quoted as saying that the fee should be absorbed by the manufactures not the individual non profits. Who really believes that this type of cost would ultimately not be borne by the end consumer /nonprofits ?? This is a cruel tool to exact money from non profits that without a doubt do a lot of good in town. However, it does nothing to benefit them or the citizens who are at greatest risk. Given the various reports related to public safety delivered by both the OC Fire Department and SAPD which said that their resources were completely outstripped and that they couldn't keep up with the calls for service. Is this tax really a solution? I think not. The 85 nonprofits who participate in this Santa Ana version of "Crystal Nacht" need to be assisted in finding new ways to raise money without putting the 350K folks who call Santa Ana home at peril and risk of both physical and property damage. The citizenry who participated in the numerous public safety committee meetings were all left scratching their heads as to the Council's choice to do nothing in the face of such overwhelming evidence of a clear danger. This proposal does nothing to stem the tide of what is a tidal wave of illegal fireworks being discharged in our city in the weeks before and after the official holiday. Your Police Chief and Fire Chief both told of how the legal fireworks do nothing but provide cover for the illegal. To continue to allow this is nothing but subsidizing and promoting criminal activity. The reality is that if the TRUE costs of this night of terror were calculated, police, fire, public works, suppression - public relations, etc. and a "tax" was divided between the 85 nonprofits we would easily discover that in fact we are in the red by a big number. So why not rethink this, and develop a plan to assist the nonprofits in developing new methods of fundraising that don't put the citizenry, neighborhoods and our city's public image at such risk ?? Thank you for your consideration. 55b -7 Tim Rush, President Wilshire Square Neighborhood Association BERKSHIRE 'I HATHAWAY 1"lomeservices. CalUbmic, Pro,peri,ties - Attitude means nothing without Aptitude - Confidence means nothing without Competence - Credentials mean nothing without Credibility - Ability means nothing without Ambition - Personality means nothing if you can't be Personable - Direction means nothing without Drive Berkshire Hathaway Home Services California Properties Timothy D. Rush Senior Vice President i8000 Studebaker Road. Suite 600 Cerritos, CA 90703 -2680 timrush(a bhhscaprons.com Direct Line (562)2O7.273o Fax(562)860 -2895 T, 55D -8 ll 0 0 0 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RECEIVE AND FILE UPDATE ON SANTA ANA JAIL; AUTHORIZATION TO DEVELOP AND ISSUE A REQUEST FOR QUALIFICATIONS FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR EARLY RETIREMENT INCENTIVES; AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR A TRANSGENDER CARE PILOT {STRATEGIC PLAN NO. 1, 4A} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and File Council Update on Santa Ana Jail from February 2, 2016 City Council meeting. 2. Authorize City Manager to work with community members and labor representatives from the Police Officers Association to develop and issue a Request For Qualifications for a consultant to conduct a Jail Re -Use Study budgeted up to $100,000. 3. Authorize the City Manager to enter into an agreement for a Transgender Care and Classification Committee Pilot program. 4. Authorize City Manager to enter into negotiations with Police Officers Association to offer early retirement incentives to full -time staff in the Jail Facility. On February 2, 2016 the City Council directed staff to "Deny contract amendment, engage community in developing solutions and request City Manager work with Police Chief in strategizing sustainability of jail without the use of Federal dollars, if not feasible, propose options to terminate jail services." City Manager's Office staff met with the individuals that spoke on the issue during the Council meeting and attended several meetings to further discuss their concerns. 65A -1 Update on Santa Ana Jail May 17, 2016 Page 2 The City Manager, Police Chief, and Jail Administrator conducted eight meetings with community members and advocacy organizations (Exhibit 1) to discuss their concerns. These meetings were held on the following dates and locations: Meeting # 1 Meeting # 2 Meeting # 3 Meeting # 4 Meeting # 5 Meeting # 6 Meeting # 7 Meeting # 8 March 3, 2016 March 4, 2016 March 7, 2016 March 17, 2016 March 30, 2016 April 4, 2016 April 6, 2016 April 11, 2016 Center OC CMO Office Ross Annex Room 1600 Ross Annex Room 1600 CMO Office Center OC Ross Annex Room 1600 City Hall 831 (With P.O.A.) The conversations were focused around two major policy areas. The first focus area was regarding improvements to the overall conditions at the Santa Ana Jail facility, the handling of the transgender population at the facility, the facility's strip search policy, release procedures, and specifics regarding the proposed transgender population module. The Jail Administrator worked with the United States Immigration and Customs Enforcement (ICE) to provide good faith efforts to reduce the need for strip searches for detainees that are not mixed with populations from other facilities. Staff will continue working toward improvements to ensure that the Santa Ana Jail facility provides high quality and dignified care. The second area of concern focused on discussing mid -to -long range strategies for phasing out the ICE contract at the Santa Ana Jail facility. Initial discussions with community members highlighted the lack of support for the privatization of the jail facility. These community members indicated that they would not be able to support a single approach for re -use. The conversation concluded with the preference for a re -use study of the facility with multiple options. Staff recommends working with the involved stakeholders to draft and review a Request for Qualifications (RFQ) to identify a consultant to study jail re -use options for the Santa Ana Jail Facility. During the two month span of conversations with the community, the Santa Ana Jail facility experienced a decline in ICE detainees, from a population of 237 to a low of 165. This decrease in population resulted in a $3,097,755 annual reduction. As of May 9 2016, the population increased to 182. The transgender population has decreased to 27 people in a module designed for 64 and is not financially feasible under the current agreement. If the City Council does not approve the Transgender Care and Classification Committee Pilot program, staff would need to combine the transgender and gay /bisexual modules. Members from the Lesbian, Gay, Bi- Sexual, Transgender (LGBT) community provided suggestions to improve the conditions for the transgender detainees. The Transgender Care Memorandum is a document intended for ICE personnel, which directs them to house transgender females in a facility with a Transgender Care and Classification Committee (TCCC) program. The Santa Ana Jail would be the first facility to form a committee that would take into consideration the transgender detainees' preferences as it relates to their custody and housing placement within the facility (Exhibit 2). However, some type of financial assurance would be required in order to provide increased levels of specialized care for the facility's transgender population. 65A -2 Update on Santa Ana Jail May 17, 2016 Page 3 During the community meetings, members of the community provided an alternative to the TCCC as outlined in the draft policy (Exhibit 3). Changes or additions to City policy require formal review and legal analysis prior to implementation. Furthermore, ICE also requires a contract amendment in order to adhere to proposed changes. Any City policy change impacting federal detainees would require a mutually agreeable contract amendment to use beds consistent with operational need and availability. In addition to the $16.6 million cost of operating the facility there remains a need to pay the Jail facility debt of $24.3 million remaining debt balance with $3 million payment annually through 2024. Staff recommends: 1. Authorizing the City Manager to work with community members and labor representatives from the Police Officers Association to develop and issue a Request For Qualifications for a consultant to conduct a Jail Re -Use Study, budgeted up to $100,000. 2. Authorizing the City Manager to enter into an agreement for a Transgender Care and Classification Committee Pilot program (Exhibit 4). 3. Authorizing the City Manager to enter into negotiations with Police Officers Association to offer early retirement incentives to full -time staff in the Jail Facility. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1- Community Safety, Objective #4 (Ensure a sound fiscal model for jail operations through coordinated efforts with personnel from the City Manager's Office, Police Department, City Attorney's Office, Finance and Personnel), Strategy A (Modify the Santa Ana jail business model and identify short and long -term goals). FISCAL IMPACT There are no immediate fiscal impacts associated with this item. The cost of implementing follow up actions will be provided to the City Council after directions on the recommended actions have been provided to staff. Exhibits: 1. List of Agencies and Individuals Consulted 2. Transgender Care and Classification Committee Memorandum 3. Community Proposal - Draft Policy Regarding Transgender People in Custody 4. Amended Agreement with Immigration and Customs Enforcement Agency 65A -3 65A -4 Organizations Consulted During Meetings 1. ACLU 2. De Colores 4. OCIYU 5. Transgender Law Center 6. LA LGBT Center 7. LGBT Center OC 8. UCI Law Students, 9. Mexican Consulate 10. Local and Federal I.C.E representatives 11. La Famila 12. CIVIC 13. Friends of the Orange County Detainees 14. El Centro Cultural de Mexico 15. Santa Ana Building a Healthy Community 16. Human Rights Watch Exhibit 1 65A -5 65A -6 MEMORANDUM FOR: FROM: SUBJECT: Purpose Qlpce ,,l Gnfin cement and Revmral Operations G.S. Department of Homeland Securiq 5oo 121, st. sm, Washington, DC 20536 .fOiYRTf�t y;*Jr' 4o U.S. immigration { ' and Customs �'�''Plw,p;��� °r' Enforcement June 19, 2015 Assistant Directors Deputy Assistant Directors Field Office Directors Deputy Field Office Directors Assistant Field Office Director ICE Health Service Corns- Thomas Homan Executive Assot Further Goance Regarding the Care of Transgender Detainees This memorandum provides further guidance regarding the placement and care of transgender adult detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (FRO). Background This guidance complements existing ICE detention standards, ICE Policy 11062.2: Sexual Abuse and Assault Prevention and Intervention (SAAPI) (May 22, 2014), and the requirements of the U.S. Department of Homeland Security (DHS) regulation titled, "Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities," 79 Fed, Reg. 13,100 (Mar. 7, 2014), hereafter DHS PREA Standards. The security and safety of ERO employees, detainees, detention staff, and members of the public are paramount in the exercise of this guidance. As in all cases, if an individual is not subject to the requirements of mandatory detention, Field Office Directors (FODs) should continue to consider whether the use of detention resources is warranted for a given individual and shall consider, on a case by case basis, all relevant factors in this determination, including whether an individual identifies as transgender. While the FODs may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion, if warranted, as early in the case or proceeding as possible. Exhibit 'I 65A -7 65A -8 Further Guidance Regarding the Care of Transgender Detainees Page 3 of 18 .Do you identify as a man, a woman, or as transgender? If the detainee indicates he or she self - identifies as transgender, or has a gender identity different from his or her biological sex, ERO personnel shall record the initial determination in the appropriate data systems. d. If the individual identifies that he or she is transgender, the same should also be noted on the Form I -213 and the Form I -213 should indicate any other information he or she disclosed related to his or her gender identity. e. When processing an individual who identifies as transgender, ERO personnel should be aware that he or she may: i. Exhibit a gender expression (i.e., external and objective manifestations of gender, such as, but not limited to, one's preferred name, pronouns, clothing, makeup, haircut, behavior, voice, or body characteristics) that appear to indicate a gender different from the sex listed on the detainee's identity documentation. ii. Carry official documentation, including medical documentation, recognized by ICE officials or a government entity (local, state, or federal) that indicates a gender identity different from the detainee's biological sex or lists the detainee's gender identity as transgender. iii. Possess prescription medication (e.g., hormones), as verified by a qualified medical professional, that indicates a gender identity different from the detainee's biological sex. f. The detainee shall not be disciplined for refusing to answer any gender identity- related questions during processing, for not disclosing complete information in response to questions asked about gender identity, or for falsely reporting that he or she is not transgender. g. If at any time during initial processing ERG personnel determine additional privacy is needed to further address issues, questions, or answers referenced above with the detainee, the FOD, to the extent practicable, shall ensure ERO personnel make appropriate accommodations (such as using an office or unoccupied holding cell) to converse with the detainee in private. h. Pursuant to the DHS PREA Standards, the FOD shall ensure sensitive information, such as a detainee's gender identity, is not used to the detainee's detriment by ICE personnel or detention facility staff or other detainees, is not shared with other detainees, and is not shared with others who do not have a need to know the information. 65A -9 65A -10 Further Guidance Regarding the Care of Transgender Detainees Page 5 of 18 Care of Transgender Detainees in ICE Facilities: ERO Custody Management, in consultation and collaboration with other relevant ICE Directorates or Programs and components (including the Office of Acquisition Management and the Office of Detention Policy and Planning), will work with willing ICE service vendors to incorporate the model procedures outlined in Attachment 2, "ICE Detention Facility Contract Modification for Transgender Care" into facility contracts. 6. ERO LGBTI Field Liaisons a. Each ERO FOD shall designate a specially trained employee at the supervisory level to serve as an LGBTI Field Liaison'. The LGBTI Field Liaison will regularly communicate with the National ERO LGBTI Coordinator (See section 7 below) and report to ERO Headquarters on the progress of implementing and maintaining the provisions of this memorandum. The LGBTI Field Liaison will also coordinate with the Prevention of Sexual Assault (PSA) Coordinator in his or her Field Office where their responsibilities and work overlap. b. In detention facilities that have adopted the "ICE Detention Facility Contract Modification for Transgender Care," the ERO LGBTI Field Liaison will be available to actively participate on the facility's TCCC. c. Each ERO LGBTI Field Liaison will also participate in all relevant training offered by ERO Headquarters on the subject of this memorandum. 7. National ERO LGBTI Coordinator a. ERO will designate a National LGBTI Coordinator. The National ERO LGBTI Coordinator will: (1) serve as the primary point of contact and subject matter expert for ERO regarding the care and treatment of LGBTI detainees in ERO custody; (2) evaluate information collected from EAGLE, EARM, RCA and other relevant ICE information technology systems regarding the care and custody of LGBTI detainees; (3) assist the field and ERO Headquarters Directorates in utilizing information about LGBTI detainees to help ensure compliance with the provisions of this memorandum; (4) continue to refine and deliver training on the provisions of this memorandum; and (5) coordinate with ICE's PSA Coordinator where their responsibilities and work overlap. b. The National ERO LGBTI Coordinator shall also organize and convene a standing working group to assess the implementation and maintenance of this memorandum, advise agency leadership on issues affecting LGBTI detainees in ERO custody, further explore best practices and strategies, and make additional recommendations when necessary. The standing working group should meet no less than quarterly and at a 'The ERO LGBTI Field Liaison selected by the FOD may also be the local field ERO Prevention of Sexual Assault (PSA) Coordinator or other HQs collateral duty assignment (e.g. Segregation Review Coordinator). 65A -11 65A -12 Further Guidance Regarding the Care of Transgender Detainees Page 7 of 18 ATTACHMENT 1: ICE Detention Facility Contract Modification for Transgender Care [ (FACILITY)] will comply with the following requirements related to the care and custody of transgender detainees: Transgender Care 1) Intake: Upon arrival at the detention facility, intake personnel shall review the detainee's record and documentation. If the record indicates the detainee's gender identity differs from his/her biological sex, intake personnel shall only ask questions related to gender identity when such information is necessary to ensure the safety and security of other detainees and staff. In addition, the facility shall ensure that sensitive information, such as the detainee's gender identity, is not used to the detainee's detriment by facility personnel or other detainees. a) Intake personnel shall accurately record the detainee as transgender. The detainee shall be treated as a protective custody detainee for the duration of the intake process. b) The detainee shall be temporarily housed (i.e., in a location away from the general population, to include in a medical unit or protective custody) for no more than 72 hours (excluding weekends, holidays, and exigent circumstances) until classification, housing, and other needs can be assessed by a Transgender Classification and Care Committee as delineated below. In particular, placement into administrative segregation due to a detainee's identification as transgender should be used only as a last resort and when no other viable housing options exist. 2) Transgender Classification and Care Committee a) The facility shall create and operate a Transgender Classification and Care Committee (TCCC). b) In facilities staffed by the ICE Health Service Corps (IHSC): i) The TCCC shall be comprised of a dedicated facility medical representative, facility mental health representative, a facility classification supervisor, the Enforcement and Removal Operations (ERO) Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Field Liaison, and a supervisory representative designated by the Field Office Director (FOD) (the supervisory representative from the ERO FOD can be the ERO LGBTI Field Liaison). ii) The TCCC may utilize remote forms of communication (i.e., phone or video - teleconference) to facilitate meetings and other activities. c) For facilities not staffed by IHSC: 65A -13 65A -14 Further Guidance Regarding the Care of Transgender Detainees Page 9 of 18 iv) Observations provided by medical or mental health representative(s), to include those based upon the latest Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria for the diagnosis of Gender Dysphoria. d) Detention Plan: Once the TCCC determines the detainee's transgender classification, the TCCC shall construct an individualized Detention Plan for each transgender detainee. As part of its Detention Plan assessment, the TCCC shall, at a minimum, consider: i) All records and prior assessments, including medical /mental health records, and an assessment of the effects of any housing placement on the detainee's health and safety that has been conducted by a medical or mental health professional; ii) The detainee's preferences and requests; iii) The detainee's self - assessment of his or her safety needs (i.e., does the detainee feel threatened or at risk of harm ?); iv) The detainee's documented criminal history and past and/or current behavior; v) The TCCC's determination of the detainee's safety/security needs, including documented and self - reported history of sexual assault, victimization, or predatory behavior; vi) The detainee's physical, medical, or mental health, or special needs; vii) Privacy issues, including showers, single -cell sleeping arrangements, etc.; viii) Available beds and/or housing; ix) Whether the housing assignment would pose a safety risk to other detainees (See Section 3.e.ii "Safety, Security, and Privacy "); and x) Effects of housing assignment on resources, including facility staff. e) Requirements within the Detention Plan: Consistent with existing ICE policy and detention standards, the individualized Detention Plan shall, at a minimum, contain the following requirements: i) Housing Assignment: Options to include: a. General housing consistent with the detainee's biological sex; b. General housing consistent with the detainee's gender identity; c. A protective custody unit; or d. Medical or administrative segregation. 65A -15 65A -16 Further Guidance Regarding the Care of Transgender Detainees Page 11 of 18 and appropriate medical professionals and administered pursuant to the applicable ICE detention standards. f) Decision: The TCCC will attempt to reach consensus on all decisions. i) The TCCC shall retain summary notes of each meeting to document persons attending and conclusions reached. A copy of the notes shall be placed in the detainee's detention file. ii) Absent extraordinary circumstances, a written Detention Plan by the TCCC for the detainee, including housing assignment, shall be forwarded to the facility classification supervisor within 72 hours (excluding weekends, holidays, and emergencies) of the detainee's arrival at the facility, and maintained in the detainee's detention file; a copy of the plan and housing assignment shall also be provided to the detainee. g) Implementation of Detention Plan: The classification supervisor shall notify line staff of the TCCC's Detention Plan and housing assignment decision. i) Detention facility staff shall follow the Detention Plan outlined by the TCCC. If a detention facility staff member identifies a safety or security risk posed by the TCCC's plan, the staff member must inform the TCCC directly, or must notify his/her supervisor as soon as practicable, and that supervisor must notify the TCCC. The TCCC shall review the case and make adjustments to the Detention Plan, if necessary, within 72 hours (excluding weekends, holidays, and emergencies) of receiving notification. ii) In the case of an immediate threat to the safety or security of the transgender detainee or others, the detention facility staff may make a temporary change(s) to the TCCC's plan (to include housing assignment), but should notify the TCCC as soon as possible. Only the TCCC can approve permanent change(s) to the Detention Plan. h) Reassessment: The TCCC shall reassess a transgender detainee's Detention Plan and housing assignment after 30 days following the initial determination and then every 60 days thereafter or at any other time if additional relevant information becomes known, or following any incident of victimization or threats to safety experienced by the detainee. As part of its reassessment, the TCCC shall, at a minimum, consider: i) Changes in the transgender detainee's housing preferences; ii) Variations in the detainee's medical and/or mental health status; iii) Safety/security of the detainee, other detainees, and/or facility staff; 65A -17 65A -18 Further Guidance Regarding the Care of Transgender Detainees Page 13 of 18 TCCC Determination Questions Guide In preparation for the TCCC meeting, the designated facility medical representative(s), shall meet with the detainee no later than 72 hours (excluding weekends, holidays, and emergencies) after the detainee's arrival to the facility to gather information necessary to verify the transgender classification, and to solicit detainee's preferences and requests with regards to housing, searches, and other matters. The ERO LGBTI Field Liaison may also participate in any meeting with the detainee. The following questions are provided to assist in this initial meeting, but may be used in other settings as deemed appropriate. 1) Do you identify as transgender? IF YES to #1, then proceed to ask the following questions: Name 2) Do you go by or use any other name(s) or aliases? 3) What pronoun(s) do you prefer others use to refer to you? Medical Issues 4) Prior to coming here, were you taking any hormonal medications? a. If yes, what were they? b. How often were you taking them? c. Were these prescribed by a doctor? Hvgiene and Grooming 5) Do you prefer to wear male or female clothing? 6) Are there any specific clothing items (e.g., undergarments) that you need that have not been provided? 7) Are there any specific personal hygiene items that you need that have not been provided? Housing 8) Do you feel you are at risk for your safety based on your gender identity? a. Would you feel safer being housed with men or women? b. Would you feel safer being housed with transgender women or men? c. Would you feel safer being housed in a cell with someone else or by yourself? Programming 9) Do you feel comfortable being around male and female detainees during recreation, organized programs, or other types of group activities? a. If not, would you prefer to be separated from males or females? b. Do you feel you require complete separation, or would specific types of safeguards (e.g., sight or sound separation, staff escort) address your concern(s)? Searches 10) Do you have a preference for whether a male or female staff member searches you? If so, which would you prefer? 65A -19 65A -20 Further Guidance Regarding the Care of Transgender Detainees Page 15 of 18 ATTACHMENT 2: PREA and PBNDS Requirements Related To Transgender Detainees Pursuant to Section 3(e) of this memorandum, applicable requirements from ICE detention standards and the DHS PREA Standards include: a) Classification and Housing i) At facilities governed by the DHS PREA Standards or PBNDS 2011, facility staff must consider the detainee's gender self - identification and an assessment of the effects of placement on the detainee's health and safety, when making classification and housing decisions for transgender or intersex detainees. A medical or mental health professional must be consulted as soon as practicable on this assessment. The facility may not base placement decisions solely on identity documents or the physical anatomy of the detainee; rather, a detainee's self - identification and self - assessment of safety needs must always be taken into consideration as well. ii) At facilities governed by PBNDS 2008 or NDS, and which use ICE's Detainee Classification System, facility staff must take into consideration and document whether a detainee requires protective custody to ensure his/her safety and well- being, such as because of perceived or actual sexual orientation or gender identity. b) Showering and Privacy i) At facilities governed by the DHS PREA Standards, transgender and intersex detainees must be given the opportunity to shower separately from other detainees when operationally feasible. ii) At facilities governed by PBNDS 2011 or PBNDS 2008, transgender detainees must be provided with a reasonably private environment for bathing and toilet facilities, in accordance with safety and security needs. c) Personal Hygiene and Grooming i) The detention standards do not restrict the provision of gender appropriate clothing. In general, brassieres should be provided to individuals who request them, as appropriate. ii) At facilities governed by PBNDS 2011 or PBNDS 2008, transgender detainees should be allowed freedom in personal grooming, and access to commissary items (including those appropriate for the detainee's identified gender) absent a valid safety, security, or medical concern that is fully justified and documented. 65A -21 65A -22 Further Guidance Regarding the Care of Transgender Detainees Page 17 of 18 ATTACHMENT 3: Definitions The following definitions apply for purposes of this memorandum only: 1. Biological Sex. An individual's biological status as either male or female, typically assigned at birth, and associated primarily with physical attributes such as chromosomes, hormone prevalence, and external and internal anatomy. 2. Detainee. An individual detained in ERO custody. 3. Detention Plan. A plan for a transgender detainee, constructed by the Transgender Classification and Care Committee at an ICE detention facility with instructions for how to address issues including, but not limited to, housing, clothing, showering, grooming, name and pronoun use, recreation, programming, escort, transportation, searches, privacy, etc. 4. Diagnostic and Statistical Manual of Mental Disorders (DSM). The standard classification of mental disorders used by mental health professionals in the United States as published by the American Psychiatric Association. DSM -5 (Fifth Edition) is the most current edition of the drafting of this guidance. 5. Gender Affirming Surgery. Surgical alteration of male or female genitals, or the reshaping, by any surgical procedure, of a male body into a body with female appearance, or vice versa. Also referred to as "sex reassignment surgery (SRS)," "gender reassignment surgery (GRS)," or by other names. Note: gender affirming surgery is the preferred name. 6. Gender Dysphoria. Medical diagnosis in the American Psychiatric Association's DSM -5 that describes the distress that may accompany the incongruence between an individual's experienced or expressed gender and the individual's biological sex. This was previously known as Gender Identity Disorder. 7. Gender Expression. The ways in which an individual communicates/displays his/her gender identity to others; a combination of appearance, demeanor, and behavior. 8. Gender Identity. An individual's internal sense of being a man, woman, or another gender. It is not necessarily based on the individual's biological sex or on the individual's sexual orientation. Because gender identity is internal, it is not necessarily visible to others, but may be externally manifested in the individual's appearance, behavior, demeanor or other aspects of the individual's life. 9. Gender Non - Conforming. Having an appearance or manner that does not conform to traditional societal gender expectations. 10. Intersex. Having sexual or reproductive anatomy or chromosomal pattern that do not 65A -23 65A -24 Draft Policy Regarding Transaeuder People in Custody A. TRAINING B. ACCURATE TERMINOLOGY C. DISCRIMINATION AND HARASSMENT D. NAMES AND PRONOUNS E. MEDICAL & MENTAL HEALTH PROTOCOLS F. INTAKE G. HOUSING H. TRANSGENDER CARE AND CLASSIFICATION COMMITTEE (TCCC) I. REVIEW OF HOUSING AND CLASSIFICATION J. PROGRAMMING K. PRIVACY L. CLOTHING AND GROOMING M.SEARCHES Exhibit 3 65A -25 65A -26 "feminine." California law defines "gender" as sex, and includes a person's gender identity and gender expression. Cal. Penal Code § 422.56. Gender Identity means an individual's internal, personal sense of their own gender, which may or may not be associated with a person's assigned sex at birth. Gender Expression means a person's gender - related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. Cal. Penal Code § 422.56. Intersex: A general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn't seem to fit the typical definitions of female or male. Transgender: An umbrella term for persons whose gender identity, gender expression or behavior does not conform to that typically associated with the sex to which they were assigned at birth. C. DISCRIMINATION AND HARASSMENT SACJ's staff, contract provider employees, interns, and volunteers are prohibited from engaging in any form of discrimination or harassment against transgender people in custody, including discrimination or harassment based on actual or perceived gender identity or expression or based on association with a transgender person. D. NAMES AND PRONOUNS Regardless of where housed, all transgender individuals in custody shall be addressed by their preferred name or last name, as well as the pronouns consistent with that individual's gender identity (e.g. "he," "she," or gender neutral pronouns such as "they "). Consistent use of the wrong name or pronoun constitutes prohibited harassment. A person's preferred name and gender pronoun shall be used when referencing the person within the text of documentation and records, unless otherwise required by law. E. INTAKE a. Upon conducting an intake, SACJ staff will ask each person if they would like to disclose whether they are transgender —i.e., whether they have a gender identity or gender expression that differs from those typically associated with their birth - assigned sex. b. Conversations about an individual's gender identity or expression will be held in a private space, such as an office or unoccupied holding cell. c. All questions shall be asked in a respectful manner and the information gathered will be kept confidential. d. If a person in custody indicates that they are transgender— either upon intake or at a later time —staff will ask them to complete a Statement of Preference Form (see Appendix A). The Statement of Preference Form will indicate the individual's 65A -27 65A -28 factors such as the individual's security threat level, criminal and disciplinary history, medical and mental health information, vulnerability to sexual victimization, and likelihood of perpetrating abuse when making a classification recommendation. Segregation: Transgender individuals shall not be involuntarily placed in segregated cells solely because of their gender identity or expression or for their own protection, except for the period not to exceed three business days while the TCCC makes its determination. A transgender person may choose to be placed in a segregated cell if the individual has safety concerns about being housed with other people. If a transgender person is placed in a segregated cell voluntarily due to their own safety concerns, the reasons for this housing placement must be documented in the individual's medical file and signed by the individual. This placement shall not exclude the individual from participating in programming. For all transgender individuals housed in segregation, a mental health evaluation shall be conducted every 10 days to ensure all mental health needs are being met. Lockdowns Lockdowns will never be used as punishment. Lockdowns will only occur in the rare circumstance that there is a specific and articulable security concern, and with the written approval of a supervisor. Every lockdown, along with the specific and articulable security concern, will be noted in the person in custody's records, and available for review by the TCCC, the independent oversight committee, and the person in custody's attorney (if any). Abuse of lockdown protocol will result in employee discipline. Additionally, even while locked down, all individuals are permitted at least one hour of daily out -of -cell time. H. TRANSGENDER CARE AND CLASSIFICATION COMMITTEE (TCCC) The Transgender Care Classification Committee (TCCC) is a multi - disciplinary body of four to five members and shall include one classification expert, one member of the jail's mental health team, one staff member from the Santa Ana County Department of Public Health or the OC Human Relations Commission, and at least one individual who identifies as a person of transgender or gender- variant experience and is not employed as a custody or police officer. If consensus cannot be reached, the TCCC's determinations will be made by majority vote. The purpose of the Committee is to determine whether a transgender person should be classified for placement in the general population, single cell, double cell, or administrative segregation. The Committee's function is not to assess the validity of a transgender person's gender identity or to determine whether the person will be housed in a men's or women's facility, or the transgender module. The Committee shall evaluate 65A -29 65A -30 The TCCC shall issue its determination and reasoning in writing within three business days of the transgender person's admission to SACJ custody, or, for an individual already in SACJ custody, the person's request for a new placement. I. REVIEW OF HOUSING AND CLASSIFICATION Within the first 15 days of being assigned housing and classification, a transgender person in custody will be interviewed —in as private a setting as possible —about any safety concerns they may have with their placement, and will be asked again in which housing and classification assignment they feel they would be safest and. Thereafter, a transgender person in custody will be offered an optional follow -up interview every 60 days, in as private a setting as possible, to identify any problems related to their housing or classification assignment and any need to reconsider. An interview and reassessment of housing or classification assignment shall also be conducted immediately if a transgender individual indicates they feel unsafe in their current housing or classification assignment or there is evidence they may be unsafe in their current housing or classification assignment. Regardless of housing assignment, all transgender individuals must be permitted to participate in all recreation, programming, employment, and other activities available to other persons in custody, even when an individual is housed in administrative segregation if such placement is unrelated to disciplinary action. K. PRIVACY All transgender individuals regardless of housing area shall be allowed to "shower, perform bodily functions; and change clothing without nonmedical staff of a different gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks." z For purposes of this policy, "staff of a different gender" means staff with a gender different from the person's gender identity, regardless of where the individual is housed. L. CLOTHING AND GROOMING Regardless of where housed, all people in custody shall have access to clothing and grooming items, accessories, and all other items consistent with their gender identity or gender expression, including makeup, bras, gender appropriate underclothes, etc. M. SEARCHES All searches shall be conducted consistent with PREA and Department search policy. 1. When a search of a transgender individual is required, the search will be 28 C.F.R. § 115.15(d). 65A -31 65A -32 AMENDMENT OF SOLICITATION (MODIFICATIONOFCONTRACT 1' c. D 1 � 2 2. AMANDMANWINICATION NO S. EFFECTME OATS 4 RAQUTAITION(FUNCHASERAO. NO E, PROJECT No. (if aAplla4WO1 P00001 Sea Block 1fC a ISAUEOST 0. A ICE /DM /OC- 1AQUNA 7,AbMINI TER DDP111411wlhan fdm Is CODS ICE /DM /DC- LAQUNA ICE /Detant Mngt /DQtent Contract -LAC ICE /Decant. Mngt /Detent Contract-LAQ Immigration and customs Enforcement Immigration and Customs Enforcement Office of Acquisition Management Office of Acquisition Management 24000 Avila Road, Room 7104 24000 Avila Road, Room 3104 Attn: Natasha Nguyen 949)425-7030 Attn1 Natasha Nguyen, 49491425 -7070 Laguna Niguel CA 92677 Laguna Niguel CA 92677 @. MAtdE MJDARDRESS OF CON CTORId?,aeea. AaANAarwawrinLagi A 9A. AM9140MANTOF SOLICITATION NO.. .. SANTA ANA CITY OF W CIVIC CENTER PLAZA Ss, DATED f6EE+r4M 111 SANTA ANA CA 92701 N p4AA, AA11ppppII TT pp OF E'ROIGSAAI SN DU RA07 /OR0AR NO. 07 qNT 1@B. DATED JEWS ITEM ISI - - - - - D5/3012D1.5 CODE D83163247 FAOILITP ODE ib ._ ntlgbMq Na1144f4d A4U14N14 Oilma muN 44kngaladpe rer4 4Am! @Ana1P,4M Nwminp MgAOr 11W n/a 9R, TMIa 1PAMOMI.YAFP6IE@ T? MODIEIDAnOR W DONPRACT@IORDEA@� R MODIFIER THE 0ONTaAOTIDNDER nQ.AS D9@aAl@ ®D IN ITEM 14, A. ;MIA rnoGA ORDER.1@ IAAUSD PIJRADANT TO (EFMy AWAWW THE CHANGES SET FONTH IN ITEM 14 ARE MAYS A THE CONTRACT @ THE AEpYSNUM9ERAD 49di�B. CT( O�AFtiS. MQDIPIE4' TA. R9FI .SGTttl @AQMIdITTAATNE..GMAHGAS tawM+aadNfreammaannaaEUq. X jMutu4l Agreement of the Parties Z RIPORUNT: CmMm AIAIli. efgµUUg4IqN�uuA'4x4manlaM.(ANm. QNMAiR!.Nab4gil@ . 14. DESCRIPTION OF AMENOMENTIMOMFICATION (OTAN9009y UCFwdi n114adq& mWnSA4fImf4lWAkonfr4MtifA(IPI maRaPN9I4mAtaarpb) DUNSNumberl 083154247 COB POC/ Aaryoosh Mackay, (213) 633 -4977 or e-mail at Oaryooah.A.MackayQi".dhs,gov Alternate. COB FOCs Daniel Pomplun, (760) 561 -6327 or e� -.mail at daniel..a,pomplunQica.dhF , pov This modification is to incorporate the following: 1) To Incorporate provisions for tranagender care outlined on the Attachment 6 - Tranagender Cara, see attached. 2) Add assurance for 64 Weds to separate and dedicate. for Tranagondar datainaaa. Continued. .., %T. Halls nRW � nimowmpr P OW%444Nnk 44rla Prgae Why FAR (4E CFR) 65A -33 65A -34 ATTEST; MARIA HUIZAR Cleric of the Council APPROVED AS TO FORM. SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager 65A -35 65A -36 CONTINUATION SHEET I REFERENCE NO. OF DOCUMENT BRING CONTINUED PACE OF EROIGSA -I9- 0007 /P00QQI 12 1 2 NAME OF OFFEROR OR CONTRACTOR SANTA ANA CITY OF ITEM NO, (A) SUPPEIRS IRRVICES (B) QUANTITY (C) UNIT (B) UNITPRICE (E) AMOUNT (F`) 3) Remove the number of beds stated in Article 3 - Covered Services, Section A - Bedspaco to state that the Service Provider and ICE shall use beds consistent with operational need and availability Exempt Action: x LIST OF CHANGES: Reason for Modification ; S9Applemental Agreement for work within scope Period of Perfor.mancei 07/01/2015 to 06/30/2020 NtlN YGCA.R140 AARR/ 9RTIQN& FPRM ARA IA-AR! AS 7 WpnnAQrol by WA 65A -31 FARpA QFRI 4RdiR 65A -38 EROIGSA -15 -0007, P49001 Attachment b - Transgender Care [Santa Ana Jail FACILITY] will comply with the followtng requirements related to the care and custody oftransgender detainees; Transgender Care 1) Intake: Upon arrival at the detention facility, intake personnel shall review the detainee's record and documentation. If the record indicates the detainee's gender identity differs from his/her biological sex, intake personnel shall only ask questions related to gender identity when such information is necessary to ensure the safety and security of other detainees and staff. In addition, the facility shall ensure that sensitive information, such as the detainee's gender identity, is not used to the detainee's detriment by facility personnel or other detainees: a) Intake personnel shall accurately record the detainee as transgender. The detainee shall be treated as a protective custody detainee for the duration of the intake process. b) The detainee shall be temporarily housed (i.e,, in a location away from the general population, to include in a medical unit or protective custody) until classification, housing, and other needs can be assessed by a Transgender Classification and Care Committee as delineated below, When feasible, the facility will initiate the review process within 72 hours (excluding holidays, and exigent circumstances and not to exceed 10 calendar days. In particular, placement into administrative segregation due to a detainee's identification as transgender should be used only as a last resort and when no other viable housing options exist. 2) Transgender Classiflcation and Care Committee a) The facility shall create and operate a Transgender Classification and Care Committee (TCCC). b) In facilities staffed, by the ICF Health Service Corps (IHSC): i) The TCCC shall be comprised of a dedicated facility medical representative, facility mental health representative, a facility classification supervisor, the Enforcement and Removal Operations (ERCi) Lesbian, Uay, Bisexual, Transgeadcr, and Intersex (LOOTi) Field Liaison, and a supervisory representative designated by the Field Office Director (FOD) (the supervisory representative from the CRCs FOD can be the ERO I. HTI Field Liaison), 11) The TCCC may utilize remote forins of communication (i.e., phone or video - teleconference) to facilitate meetings and other activities, c) For faellitles i t- tafl'ed by MSC: i) The TCCC shall include the IHSC Field Medical Coordinator (FMC), in addition to a dedicated facility medical representative, a facility mental health representative, 65A -39 65A -40 EROIGSA -13 -4007, F00001 Attachment b - Transgender Care a facility classification supervisor, facility ICE compliance officer or security supervisor, the ERO LGBTI Field Liaison, and asupervisory representative designated by the FOD (at the FOD's discretion, the supervisory representative can include the ERO LOBTI Field Liaison). d) The TCCC shall be chaircdjointly by a representative from the facility and an FRO representative, preferably the ERO LGBTI Field Liaison, e) In coordination with FRO LGBT1 Field Liaison, the facility staff members, including medical and mental health personnel, will have appropriate training and experience in working with transgender persons. Training provided will be pursuant to a training plan mutually agreed upon by the parties, 3) Transgender Classylication and Care Committee Determinations: a) Meeting with the Detainee, In preparation for the TCCC meeting, the TCCC designated facility medical representative(s) shall meet with the detainee as soon as practicable after the detainee's arrival to the facility to gather information necessary to solicit the detainee's preferences and requests with regard to housing, searches, i and other matters. The ERO LBTI Field Liaison may also participate in any meeting with the detainee. The communication between the TCCC representative(s) and the detainee shall be in a language and manner the detainee can understand and should be conducted using the TCCC Determination Question Guide provided at the conclusion of this document. b) Meeting of the TCCC.- The TCCC shall meet and provide a classification assessment no later than 10 calendar days but when feasible, within 72 hours (excluding weekends, holidays, and emergencies) after the detainee's arrival to the facility to assess medical, psychological, housing, and other needs. c) Class(fleattanAssessment; As part of the transgendcr classification assessment, the TCCC shall, at a minimum, consider: 1) The detainee's self-Identification, 11) An assessment of the effect of possible placements on the detainee's health and safety, conducted by a medical or mental health professional (which may colncide with the full medical assessment done in accordance with the applicable ICE detention standards), iii) The detainee's record and available documentation, including forms and notes from initial processing, medical/mental health records, booking records, identification documents, etc,; and iv) Documented observations provided by facility staff supervising the detainee in the 1 Whenever practicable, the detainee's request should be honored but not to the detriment of the satty and security of the facility or facility staff, 21Patie^ 65A -41 65A -42 EROIGSA -15- 0007, iA00001 Attachment G - Transgender Care assigned housing unit; medical or mental health representative(s), to include those based upon the latest Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria for the diagnosis of Mender Dysphoria, d) Detention Plan: Once the TCCC determines the detainee's transgender classification, the TCCC shall construct an individualized Detention flan for each transgender detainee. As part of its Detention Plan assessment, the TCCC shall, at a minimum, consider: i) All records and prior assessments, including medical /mental health records, and an assessment of the effects of any housing placement on the detainee's health and safety that has been conducted by a medical or mental health professional; ii) The detainee's preferences and requests; iii) The detainee's self assessment of his or her safety needs (i.e., does the detainee feel threatened or at risk of harm ?); iv) The detainee's documented criminal history and past and /or current behavior; v) The TCCC's determination of the detainee's safety /security needs, including documented and self-reported history of sexual assault, victimization, or predatory behavior; vi) The detainee's physical, medical, or mental health, or special needs; vii) Privacy issues, including showers, single -cell sleeping arrangements, etc,; viii) Available beds and/or housing; ix) Whether the housing assignment would pose a safety risk to other detainees (See Section 3.c.ii "Safety, Security, and Privacy "); and x) Effects of housing assignment on resources, including facility staff. e) Requirements within the Detention Plan: Consistent with existing ICE policy and detention standards, the individualized Detention Plan shall, at a minimum, contain the following requirements: i) - Alou Amiumm: Options to include: a. General housing consistent with the detainee's biological sex; b. General housing consistent with the detainee's gander identity; c, A protective custody unit, or d, Medical or administrative segregation. 11) Safety. Secut itv and Pnvacr The TCCC shall address the safety, security, and privacy needs for both the transgender detainee and the general detention population when assessing the housing assignment. Discussion(s) may Include 65A -43 65A -44 EROIGSA -IS -0007, P00001 Attachment 6 - Transgender Care guidance on appropriate staffing levels in the housing option assigned (e.g., single or shared cell, or dormitory housing), iii) Hygienc: Consistent with ICE detention standards, facility staff shall ensure that transgender detainees are able to maintain acceptable personal hygiene practices consistent with their gender identity and that ensure their safety. Transgender detainees shall be provided the opportunity to shower in a setting that ensures safety and privacy, iv) Clothing and Commissary: Transgender detainees will be provided undergarments consistent with their gender identity as assessed by the TCCC. Transgender detainees shall be issued standard detention attire consistent with their assigned housing unit. Transgender detainees shall also be allowed to possess or purchase through the commissary those hygiene and personal items that are consistent with their Detention Plan. v) Searches; As prescribed by standard 2.10 of ICE's 2011 aeeYao ante - Berson Nett nat t a . cts B ;DS, the transgender detainee's preference as to the gender of the officer that will perform any necessary pat -down and strip searches will be considered by the TCCC when drafting the Detention Plan and followed by detention facility staff accordingly. Also with regards to strip searches only, and pursuant to standard 2.10 of ICE's 2011 L NDS, special care should be taken to ensure that transgender detainees are searched in private. Searches shall be conducted in a professional and respectful manner, and in the least restrictive manner possible, consistent with security needs. Pursuant to MIS PREA Standards, at no time shall any search be conducted solely for the purpose of determining a detainee's biological sex. Requests for transgender detainees to remove appearance related items such as prosthetics, clothing that conveys gender identity, wigs, and cosmetics shall he consistent with requirements for the removal of similar items for other non- transgender detainees. All strip searches shall be documented, vi) Staff Com U ` ti ; Detention facility staff shall refer to transgender detainees by their preferred pronouns or by the detainee's last name. vii) M2dieal Cow Pursuant to existing ICE detention standards, transgender detainees who were already receiving hormone therapy when taken Into ICE custody shall have continued access to hormone therapy; those who have not yet begun treatment will be assessed and treated, if deemed medically necessary and safe in the context of their tither medical conditions, All transgender detainees shall have access to continued mental health care and othertransgonder- related health care based on medical need. Medical care for transgender detainees shall be provided by qualified and appropriate medical professionals and administered pursuant to the applicable ICE detention standards. f) Decision.- The TCCC will attempt to each consensus on all decisions, In Situations 4 1 P a u e 65A -45 ,� 1 I �J ERGIGSA -15-0007, P00001 Attachment 6 - Transgender Care where a consensus is not reached, the final decision shall rest with the CRO LGSTI Field Liaison. i) The TCCC shall retain summary notes of each .meeting to document persons attending and conclusions reached. A copy of the notes shall be placed In the detainee's detention file. ii) Absent extraordinary circumstances, a written Detention Plan by the TCCC for the detainee, including housing assignment, shall be forwarded to the facility classification supervisor within 72 hours (excluding weekends, holidays, and emergencies) of TCCC's decision, and maintained in the detainee's detention file; a copy of the plan and housing assignment shall also be provided to the detainee. g) ,implementation nfFetention Plan; The classification supervisor or designee shall notify line staff of the TCCC's Detention Plan and change of housing assignment decision. i) Detention facility staff shall follow the Detention Plan outlined by the TCCC. If a detention facility staff member identifies a safety or security risk posed by the TCCC's plan, the staff member must inform the TCCC directly, or must notify his/her supervisor as soon as practicable, and that supervisor must notify the TCCC. The TCCC shall review the case and make adjustrnents to the Detention Plan, if accessary, within 72 hours (excluding weekends, holidays, and emergencies) of receiving notification. li) In the case of an Immediate threat to the safety or security of the transgender detainee or others, the detention facility staff may make a temporary change(s) to the TCCC °s plan (to include housing assignment), but should notify the TCCC as soon as possible. Only the TCCC can approve permanent change(s) to the Detention Plan. h) Reassessment. The TCCC shall reassess a transgender detainee's Detention Plan and housing assignment after 30 days following the initial determination and then every 60 days thereafter or at any other time if additional relevant information becomes known, or following any incident of victimization or threats to safety experienced by the detainee. As part of its reassessment, the TCCC shall, at a minimum, consider: P� I) Changes in the transgender detainee's housing preferences; ii) Variations in the detainee's medical and /or mental health status; iii) Safety /security of the detainee, other detainees, and/or facility staff; iv) Any threats to safety experienced by the detainee, 65A -47 ,t 1 I oo EROIGSA -15 -0007, P00001 Attaehment 6 - Transgender Care v) Continued availability of housing; and vi) The detention facility's documented concerns, i) .Education: Upon adoption of this Contract Modification, the facility, in partnership with ICE FRO, will produce orientation training and /or materials describing the various housing options at the facility, including the possibility of placing a transgender detainee in general housing consistent with that detainee's gender identity. This training and/or materials will be provided to each detainee upon admission, as well as to detainees already placed in the facility. 4) Hod Space Financial Assurance; The Service Provider and ICE agree on a assurance of 64 beds to separate and dedicate Transgender detainees. 5) 19tal ICE Waiam Parming to,be Housed with 5cryfig : The Service Provider and ICE agree to modify FRQIC,SA -15 -907, specifically Article 3 "Covered Services ", Section A " B,edspacc," to state that the Service Provider and ICE shall use beds consistent with operational need and availability, 61Pag,� 65A -49 65A -50 EROIGSA -15-0007, JP00001 Attachment 6 - Transgender Care TCCC Determination Questions Guide In preparation for the TCCC meeting, the designated facility medical representative($), shall meet with the detainee when feasible within 72 hours (excluding weekends, holidays, and emergencies) and no later than ten (10) calendar days after the detainee's arrival to the facility to gather information necessary to verify the transgender classification, and to solicit detainee's preferences and requests with regards to housing, searches, and other matters. The BRO LOBTI Field Liaison may also participate in any meeting with the detainee. The following questions are provided to assist in this initial meeting, but may be used in other settings as deemed appropriate. 1) Do you identify as transgender? IF YES to ##1, then proceed to ask the following questions: Name 2) Do you go by or use any other name(s) or aliases? 3) What pronoun(s) do you prefer others use to refer to you? Medical issues 4) Prior to coming hare, were you taking any hormonal medications? a, If yes, what were they? b. How often were you taking them? c. Were these prescribed by a doctor? Hygiene and Grooming S) Do you prefer to wear mole or female clothing? 6) Are there any specific clothing items (e.g„ undergarments) that you need that have not been provided? 7) Are there any specific personal hygiene items that you need that have not been provided? uQuaing g) too you feel you are at ride for your safety based on your gender identity? a, Would you feel safer being housed with men or women? K Would you feel safer being housed with transgender women or men? c. Would you feel safer being housed in a colt with someone else or by yourself? Programming 0) Do you feet comfortable being around male and female detainees during recreation, organized programs, or other types of group activities? a. If not, would you prefer to be separated from males or females? b. Do you feel you require complete separation, or would specific types of safeguards (e.g., sight or sound separation, staff escort) address your Concern(a)? S.oamlics 10) Do you have a preference for whether a. male or female staff member searches you? If so, which would you prefer? other 7 1 P a g e 65A -51 65A -52 EROIGSA -15-0007, P00001 Attachment 6 - Transgender Cara 11) is there anything else we should know about you related to being transgender —airy particular concerns? 12) Are there any other specific precautions and/or accommodations you think you would like to have to ensure your safety and welfare while at this 'facility? 65A -53 65A -54 EROIGSA- 134007, P00001 Attachment 6 - Transgender Fare Definitions The following definitions apply for purposes of this modification only: 1. Biological Sex. An individual's biological status as either male or female, typically assigned at birth, and associated primarily with physical attributes such as chromosomes, hormone prevalence, and external and internal anatomy. 2. Detainee. An individual detained in ERO custody. 3. Detention :Plan. A plan for a transgender detainee, constructed by the Transgender Classification and Care Committee at an ICE detention facility with Instructions for how to address issues including, but not limited to; housing, clothing, showering, grooming, name and pronoun use, recreation, programming, escort, transportation, searches, privacy, etc, 4. Diagnostic and Statistical Manual of Mental Disorders (DSM). The standard classification of mental disorders used by mental health professionals in the United States as published by the American Psychiatric Association, DSM -5 (Fifth Edition) is the most current edition of the drafting of this guidance, 3. Gender Affirming Surgery. Surgical alteration of male or female genitals, or the reshaping, by any surgical procedure; of a male body into a body with female appearance, or vice versa. Also referred to as "sex reassignment surgery (SRS)," "gender reassignment surgery (GRS);" or by other names. Nate: gender affirming surgery is the preferred name. 6. Gender Dysphoria. Medical diagnosis in the American Psychiatric Association's DSM -5 that describes the distress that may accompany the incongruence between an individual's experienced or expressed gender and the individual's biological sex. This was previously known as Gender Identity Disorder, 7. Gender Expression. The ways in which an individual communicates /displays his /tier gender identity to others; a combination of appearance, demeanor, and behavior. 8. Gender Identity. An Individual's internal sense of being a man, woman, or another gender. It is not necessarily based on the Individual's biological sex or on the Individual's sexual orientation, Because gender identity Is internal, it Is not necessarily visible to others, but may be externally manifested in the individual's appearance, behavior, demeanor or tither aspects of the Individual's life. 9. Gender Non - Conforming. Having an appearance or manner that does not conform to traditional societal gender expectations. 10. Intersex. Having sexual or reproductive anatomy or chromosomal pattern that do not seem to fit typical definitions of male or female, Intersex'medical conditions are sometimes referred to as disorders of sex development. 91Pzt 65A -55 65A -56 ) ROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care 11. LGBTI. The acronym for Lesbian, Gay, Bisexual, Transgender, and Intersex. 11 Sexual Orientation. A pattern of romantic, emotional, physical, and /or sexual attraction towards members of the same, opposite, or both sexes. Includes homosexuality, heterosexuality, and bisexuality, 11 Transgender. A person whose gender identity (i,e„ internal sense of feeling male or female) Is different from the sex assigned to the person at birth. 14. Transgender Classification and Care Committee (TCCC). The detention facility committee that gathers information and assesses the gender identity of tite detainee, and produces and regularly assesses a Detention Plan for a transgender detainee. 15. Transgender man. An individual who is a biological female and has a gender identity as a man, 16, Transgender woman. An individual who is a biological male and has a gender identity as a woman. 17. Transition. The process by which an individual changes his /tier gender from that assigned at birth to one with which he/she now identifies. This may include making personal, legal, and medical changes to his /her gender, such as changing his /her name and /or gender on legal documents undergoing hormone therapy; and/or undergoing one or more forms of surgery, 10 s;!,ti 65A -57 65A -58 • MOM ilk [111111 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: MATER DEI APPENDIX ANALYSIS AND UPDATE (STRATEGIC PLAN NO. NOT APPLICABLE) CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On March 15, 2016, the City Council approved an amendment to the Mater Dei Development Agreement. Mater Dei independently submitted an Appendix to be included for consideration at that evening's scheduled Council Meeting. As insufficient notice was given, the City Manager recommended that the Appendix not be approved due to concerns over the cost of the project, the potential for an unfunded liability, legal requirements that place a burden on the City, and increased liability in other areas. The City Council subsequently directed staff to analyze the Appendix and bring it back to a City Council Meeting in 60 days. Councilmember Reyna recommended that this request be included in the context of the budget process. Mayor Pro Tern Sarmiento requested a 60 day period for staff and Mater Dei to provide accurate budget costs. During the Mater Dei public comment on March 15, 2016, Patrick Murphy, President of Mater Dei, referenced the 1999 Amendment when the City previously paid for similar types of improvements as those currently being requested in the Appendix. During the research of the 1999 Amendment, staff was able to identify $550,000 in reimbursements made by the City to Mater Dei. Staff has not been able to substantiate the source of funding for that expenditure, although it appears that Gas Tax fund was most likely used. Mater Dei has subsequently provided a revised project cost of $5 million. This is substantially higher than originally estimated by Mater Dei (e.g. $2.5 to 3 million). Mater Dei has reduced their request to a not to exceed amount of $2.5 million. At this time only General Fund dollars would be available for a private development, such as the one being proposed. Mr. Murphy did indicate that if the City Council did not approve the funding request associated with Appendix 1, the school will raise the additional funds necessary to complete the project. RECOMMENDED ACTION 1. Receive and file the Mater Dei Update; and 2. Consideration of the following options and provide direction accordingly: 65B -1 Mater Dei May 17, 2016 Page 2 a. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget by $2.5 million) b. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) c. Consider the Mater Dei funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decision would be done in the context of the budget process included with other city needs and economic conditions. d. Do not approve the Mater Dei Appendix request. DISCUSSION Mater Dei High School has been located in the City of Santa Ana since 1960. During that time the City and Mater Dei has worked collaboratively to make Mater Dei a landmark in the community. At the March 15, 2016 City Council Meeting, the Mayor and City Council approved the Mater Dei School Parking Structure and School Expansion Project, which amended the existing Development Agreement. Mater Dei subsequently presented the Mayor and City Council with a proposed Appendix that would make further changes to the Development Agreement. Staff was directed to analyze the Appendix. A brief historical reference of the development agreement is provided below. 1995 Agreement Development Agreement (NS -2260) approved for Mater Dei H.S. expansion project (25 year term). Key points of the DA: • Allowed campus expansion via several parcels on east side of Baker Street • City to vacate portions of Baker, Stanford and Pomona Streets and Edinger Avenue • Construction of drainage improvements on Pomona and Stanford Streets by City per DA Sections 7 and 11 i Dedication of land by Mater Dei to City for certain improvements 1999 First Amendment First Amendment to Development Agreement (NS -2389) • Modified permitted uses section (Section 3) to allow parking lot use on additional parcels • Modified Special Development Standards section (Section 4) to clarify location of setbacks, site access, access gates, fences, parking lot lighting, circulation management plan and graffiti removal. 65B -2 Mater Dei May 17, 2016 Page 3 • Modified Non - vested City Laws and Regulations section (Section 6) to allow TSIA credit for demolition of any existing structure and clarified the timing of the payment of drainage area fees. • Modified Dedications and Street Improvements section (Section 7) to require City to make median changes on Edinger Avenue, City prepares traffic analysis for traffic signal, and identified phasing of off -site improvements. • Modified Street vacations section (Section 11) to reduce timeline for City to complete various improvements and require City to install street lights. • Added Reimbursement section (Section 11.5) • Added Exhibits section (Section 22) • Added Hold Harmless section (Section 23) 2016 Second Amendment Mater Dei High School is proposing to expand its campus and construct a new three - level, 990 - space parking structure and a 30,820 square -foot, two -story academic building with 32 classrooms on the school campus. With the addition of the classroom building and parking structure projects, the campus will ultimately contain a total of 267,146 square feet of building area and 1,396 on -site parking spaces. To accommodate the parking structure, Mater Dei is in the process of acquiring 19 single - family lots at the southeast section of the site. The purchase of the lots, in conjunction with the proposed street vacations and utility relocations will add an additional four acres to the school site. In an effort to simplify the development agreement, staff has consolidated and updated the original agreement (1995), the first amendment (1999), and the adopted (2016) second amendment into a single document. Mater Dei Appendix Request Mater Dei submitted their requests for additional items to the Development Agreement via a proposed Appendix. This appendix includes among other items, requests for the City to perform the following: • Street Vacation, Title Work, Mapping, and Processing of the street right of way (Section 11) • Construction and Engineering work associated with the street removal /realignment • Street removals and construction (Section 7.b.ii) • Drainage construction (Section 7.b.iii) • City Utility, sewer and water, relocation (Section 7.b.ii) • Third Party utility relocation (Section 7.b.ii) • Left -turn signal timing on Monarch Way and Edinger (Section 7.b.v) L• RW Mater Dei May 17, 2016 Page 4 Staff Review Staff from the Public Works Agency, City Attorney's Office and the City Manager's Office conducted an analysis of Appendix 1 as presented. Should the City Council desire to move forward with any or all of the requests, staff would recommend an amendment to the Development Agreement rather than an appendix. This would provide clarity and protect against potential inconsistencies between the Development Agreement and the Appendix. The language in section 11(a) is not advisable because it would likely require the City to expedite construction, which could increase the overall cost of the project. Additionally, it would leave the City open to liability if it was not possible to complete the work in the time frame proposed. Section 11.5 is also not advisable because it would give Mater Dei complete control over the work, which could lead to increased costs for the City. In such a reimbursement arrangement, Mater Dei could take over the work, use any contractor they chose, and require the City pay the cost without a predefined limit. This would become an unfunded liability to the City. The City Manager requests a super majority vote as the future funds would most likely be reserve funds. Should the Mayor and City Council decide to move forward, staff would recommend that a predetermined amount be identified and that the developer be responsible for completing the work as was previously done with the 1999 Amendment. The City has fulfilled its promise to the original agreement, the first amendment, and throughout the development of the second amendment. Staff did not promise or agree to any of the requests within the Mater Dei Appendix request. During the Site Plan Review phase of the project, the concept of City financial participation was not raised, and notes were added to the site plan specifying that all improvements needed for the project were to be constructed at the sole expense of the developer. STRATEGIC PLAN ALIGNMENT Not applicable. FISCAL IMPACT The fiscal impact will vary depending on the Mayor and City Council's direction. Below are potential fiscal impacts for the three options presented as part of the recommended options. a. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget) • This action would require the City Manager to adjust the General Fund Proposed Budget by the total not to exceed amount. In this case, programs, services, and staffing would be impacted by a direct amount allocated to this Development Agreement. An exact proposal would be included as part of the City Manager's Proposed Budget for City Council consideration and approval. This would be the first time in three years that programs would be reduced or cut. L• Mater Dei May 17, 2016 Page 5 • However the City of Santa Ana has identified significant needs in the areas of Public Safety ($3.3 million) and Economic Development ($3 million), and the City has not yet added back Police Officers reduced during the recession. b. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) • This action would require a reduction to the City's General Fund Reserve balance. Currently the City has a General Fund balance target of 20 %. Although staff would recommend assigning the corresponding amount in the reserve, the General Fund Reserve would be reduced. In order to continue to meet the General Fund Reserve target, staff would need to reduce and /or cut programs and services. The reserve could be left at the lower amount, however it is not recommended as the recent AA general credit rating by Standard & Poors included the 20% reserve level. The City Council would need to authorize such a reduction of the General Fund Reserve Fund. c. Consider the Mater Dei funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decisions should be done in the context of the budget process included with other City needs. • There would be no immediate fiscal impact by this action. Funding would be evaluated at a future date. • While this option does not provide certainity to Mater Dei, the option allows the City of Santa Ana to make a funding decision during the budget process. This is especially significant in that FY 16 -17 is a year involving new labor and management negotiations. Staff recommends option C. This provides the City with the ability to make funding considerations in the context of priorities throughout the City. L• May 17, 2016 City Council Meeting Correspondence Date of Sender /Representative 1, 3/14/2016 Patrick Murphy, President Mater Dei High School I:Mgendas12016 AgendaslExhlbbs 2016 * Matter agenized at the request of City Council; March 15, 2016 by a vote of 7 -0. Mitre - Ramirez, Norma From: Murphy, Patrick <PMurphy @materdei.org> Sent: Monday, March 14, 2016 11:10 AM To: Huizar, Maria Subject: Mater Del High School Commitment to the Santa Ana Community Document Attachments: Mater Dei High School City Council 3.15.16[1].pdf Maria, I am sending you this document as Santa Ana City Clerk to ask you to include it in the packet for each City Council member in preparation for the presentation by City Staff on the Mater Dei High School redevelopment project, which is on the agenda for the March 15, 2016 Santa Ana City Council Meeting. In addition, in a few moments, I will be sending you an additional file entitled "Appendix #1 to the 2nd Amended and Restated Development Agreement" that I would also ask be included in the packet for each City Council member for the purposes of this agenda item at tomorrow night's City Council Meeting. Thank you so much Maria. Patrick Murphy President Mater Dei High School L• 65B -10 Ift 65 MATER DEI 1950 -201115 HIGH SCHOOL Mater Dei High School's Commitment to the Santa Ana Community 20% of MD enrollment is from Santa Ana ( a significant portion of the $5 million commitment to Need Based Financial Aid is granted to Santa Ana students /families ) Mater Dei has a longtime commitment to Community Service and helping those in need. The 2015 Graduating Class completed over 70,000 hours of volunteer service with a majority completed in Santa Ana. The following agencies /organizations have been the recipients: 1. Parishes of Christ Our Savior, St. Joseph, St. Anne, • MD students assist with religious education, altar service, festivals 2. KidWorks • MD Girls Soccer has a youth clinic • Students assist with tutoring • Beneficiary- MD Annual Christmas Toy Outreach 3. Santa Ana Police Athletic and Activity League • MD Students assist in various activities and events with youth 4. Santa Ana /Fullerton Armory • MD Students assist with setup and meals for homeless 5, Boys and Girls Club of Santa Ana • MD Students assist with after school tutoring and activities 6. Delhi Center • MD Students assist in the after school Mathletics program • MD Students assist with music and dance classes 7. Isaiah House • MD Students assist with meals, visiting the residents, serve meals to homeless and guests of the house. 8. Santa Ana Pop Warner • MD students assist youth football and cheer teams 9. VFW (Veterans of Foreign Wars) Hall • MD Students assist with setup and serving at events 65B -11 10. Discovery Cube of OC • MD Students volunteer as docents and demonstrators at various events at the Science center 11. Bowers Museum • MD Students volunteer at various events and fundraisers for the museum 12. Multiple Health Care /Medical Centers in Santa Ana 13. Santa Ana Family YMCA • MD Students (teams and clubs) make blankets for the elderly and children in Santa Ana 14. Big Brothers Big Sisters OC • MD Students serve as mentors for at risk youth 15, SA Youth Soccer and Baseball • MD Students assist with snack bar, field and facility prep as well as assistant coach 16. Mercy House 17. Blind Children's Learning Center 18. Assistance League of Santa Ana 19. Think Together 20. Olive Crest 21. Boy Scouts of America 22. Orangewood Children's Foundation 23. Taller San Jose 24. The Wooden Floor 25. Get on the Bus Support Program 65B -12 3. Use of MD Facilities by Santa Ana Community *indicates Santa Ana -based organization * *indicates open to /serves Santa Ana community *Catholic Deaf Community • Hearing Impaired Religious Education Program WISEPlace Bolt Kettlebell National Championship • Kettlebell Competition Junior Olympics Boys Water Polo Tournament • Youth Water Polo Tournament Golden Star Soccer - Santa Ana • Adult Soccer League * *Diocese of Orange Ministries Celebration • Diocesan Religious Education Conference * *Down Syndrome Association of Orange County Halloween Party • Down Syndrome Community Social Event *Continental Soccer - Santa Ana Adult Soccer League * *BAD Camp Christmas Party • Disabled Community Social Event Trinity Bat Company Home Run Challenge • Baseball Charity Event United States Catholic Conference of Bishops Spanish Pro -Life & Evangelization Conference i Religious Education Conference KAP7 Turbo Cup • Youth Water Polo Tournament Masters Track & Field Meet • Adult Track & Field Meet * *4- Vertical Football • Youth Passing League Practices * *Matt Leinart Foundation Urban Youth Football League • Low -Soci Economic Communities Football Program * *Diocesan Youth Conference High School Religious Education Conference 65B -13 * *RAD Camp Coffee House • Disabled Community Social Event 4. Potential Future Use of MD Performing Arts Center by Santa Ana Community Groups • St. Joseph Ballet • The Wooden Floor • Parishes and Schools of Christ Our Savior, St. Joseph, St. Anne • Pacific Chorale • Arts Orange County • KidWorks • Orange County Children's Therapeutic Arts Center • Arts and Culture Commission of Santa Ana ( as liaison ) • Catholic Charities • Immaculate Heart of Mary Parish • Boys & Girls Club 65B -14 APPENDIX #1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Appendix supplements that certain Second Amended and Restated Development Agreement (the "Second Amendment ") dated as of 2016, by and between the CITY OF SANTA ANA ( "City ") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION ( "Developer "). City and Developer hereby supplement the Second Amendment as follows: A. The second sentence of Section 1 of the Second Amendment is hereby deleted in its entirety and replaced with the following new sentence: "This Second Amendment pertains initially to the Original Parcel and Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and all necessary Street Vacations, Lot Mergers and /or Tract Maps, Zoning Amendment Applications and General Plan Amendments, as applicable, are processed by City in order to match the zoning on the Original Parcel with the Additional Parcels." B. Sections 7 and I 1 of the Second Amendment are hereby deleted in their entirety and replaced with the following new Sections 7, 11 and 11.5: Dedications, Street Improvements, Parking Structure and Performing Arts Center. (a) Developer shall dedicate a 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian Plaza as identified on that certain "Master Plan Update" for Mater Dei High School prepared by The Austin Company (Project No. 08- 10167D01), including the Preliminary Grading & Drainage Plan, the Preliminary Wet Utility Plan, the Preliminary Dry Utility Plan, the Modular Wetland Systems detail and the Parking Space & Area Summaries, all prepared under The Austin Company's Project No. 08- 10167DOI (collectively, the "Site and Development Plan "). The dedications and easements described in this subsection 7(a) shall be made by Developer prior to the issuance of any building permit for any new building to be constructed on the Property. The installation of improvements for the parking lot area, including, but not limited to, the storm drains, curb and gutters, pavement, street lights, parkway culverts where necessary as determined by the Public Works Agency, sidewalks, and drive approaches shall be the responsibility of City, in accordance with Sections 11 and 11.5 of this Second Amendment. Developer is authorized, at Developer's option, to construct the public improvements on behalf of City and then be reimbursed by City for the costs incurred by Developer, pursuant to Section 11.5 of this Second Amendment. City shall bear the cost of the preparation of a traffic analysis for the proposed traffic signal at the main entrance to the school on Edinger Avenue at Balser Street. City shall also bear any and all costs related to the design and installation of said traffic signal. Developer agrees to make the dedication referenced in subsection 7(a), above, without payment from City in consideration of receiving City's approval of this Second Amendment. SMM:475724784.2 659'1 5 No other dedications of land will be required by City in connection with the Development during the Term. However, nothing herein shall be construed to limit City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. (b) The parking structure, the new Performing Arts Center and other on -site building improvements are to be completed by Developer at Developer's sole cost and expense as generally described in the Site and Development Plan. Those off -site improvements described in subsections 7(b)(i) and (iv) below shall also be completed by Developer at its sole cost and expense. Those off -site improvements described in subsections 7(b)(ii), (iii) and (v) below shall be completed by City at City's sole cost and expense: (i) Installation of a traffic signal and crosswalk at Bristol Street and St. Andrew Place, phis a dedicated right -turn lane along westbound St. Andrew Place at Bristol Street; (ii) Completion of abandonment and associated utility relocations for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley; (iii) Completion of drainage improvements and storm drains; (iv) Modification of a four -way stop at the intersection of St. Andrew Place and Baker Street; and (v) Updated left -turn signal timing at the Edinger Avenue and Monarch Way intersection for entry into the Mater Dei campus. 11. Street Vacations, Utility Relocations and Related Improvement Work. City shall, at its sole cost and expense, vacate and abandon City's right of way easements over Balser Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are included on or about Additional Parcel No. 4, as shown in Exhibit 8 attached hereto and incorporated herein by this reference. City shall, at its sole cost and expense, remove street improvements from all vacated streets and construct public drainage improvements in the area of the drainage easement granted to City by Developer pursuant to Section 7 hereof, in accordance with the following terms and conditions: (a) The street removal and drainage improvement work described above shall all be completed by City prior to the last of the following dates: (i) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has acquired title to all the Additional Parcels (provided Developer has in fact acquired such title); SMAI {:475724784.2 656-16 (ii) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has removed all improvements from Additional Parcel No. 4 (provided Developer has in fact removed such improvements); and (iii) The date occurring one (1) year after the date on which Developer dedicates the drainage easement specified in subsection 7(a) hereof to City. (b) City shall be responsible for the removal and /or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this Section 11, without cost to Developer (other than costs for any new utility connections which may be necessary). (c) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be storm drains and surface drainage facilities, or their equivalent, as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as otherwise approved by City's Engineering Division. It is further understood that such surface drainage improvements may not be sufficient to fully protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer may install an underground piped drainage system within the school property and may connect to any existing City drainage facility. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a landscaped area. Developer shall provide City with a surface drainage easement for public water flowing across the private parking area. (d) City shall, at its sole cost and expense, prepare plans for and remove street improvements from the vacated streets, relocate utilities and construct public drainage improvements in the area of any drainage easement granted to City by Developer pursuant to Section 7 of this Second Amendment, in accordance with the following terms and conditions: (1) The traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel No. 4, acceptable to the Public Works Agency. (2) Said street removal, utility and drainage improvement work shall be completed by City within the same time parameters as set forth in Section 11(a), above. (3) City shall be responsible for plan preparation, removal and /or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this Section 11, without cost to Developer. If, at the design development stage, City determines that street lights are required as a result of the termination of Berkeley Street or Occidental. Street, City shall design and install the street lights within the context of standard spacing requirements utilized citywide. SMRH:475724784.2 65E �-l7 (4) Once all required street vacations are completed, the Additional Parcels shall be merged with the Original Parcel into a single new parcel by means of a lot consolidation process. Developer shall file, process and record the lot consolidation. The lot consolidation shall be completed prior to the issuance of building permits. (5) City shall retain existing utility easements for sewer, water, drainage and maintenance purposes within the newly consolidated parcel as shown on Exhibit 7 attached hereto. Developer shall allow City access to all City utility easements within the former street rights -of -way abandoned for the Project, where necessary as determined by the Public Works Agency. If Developer denies such access to City, then Developer shall hold City harmless against damages and all other claims resulting from the condition of City utilities which City was unable to repair or maintain because of such lack of access. (6) It is understood and agreed that the drainage improvements to be installed by City in the drainage easement shall be storm drains and surface drainage facilities as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as approved by the Public Works Agency. City may, at City's sole cost and expense, install an underground piped drainage system within school property. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage. (7) City shall, at City's sole cost and expense, relocate the four utility poles, guy wires and associated utility lines located between Berkeley Street and Occidental Street, and between Occidental Street and St. Andrew Place, as shown on Exhibit 10 attached hereto and incorporated herein by this reference. 11.5 Developer's Reimbursement Option. If Developer determines that City's timeline for completion of some or all of the off -site improvements to be completed by City pursuant to this Second Amendment may not result in completion prior to commencement of school operations, then Developer may, at its option, notify City in writing that Developer has elected to take over construction of some or all of such off -site improvements, in which case the following shall apply: (a) In the event Developer elects to undertake construction of some or all the off -site improvements pursuant to this Section 11.5, City shall reimburse Developer for all costs and expenses so incurred by Developer. Developer shall submit progress payment invoices to City for the actual costs of construction. Payment by City shall be within 30 days after receipt of each invoice, subject to City accounting procedures. Final payment shall occur after all off - site improvements being constructed by Developer are completed and accepted by the Executive Director of the Public Works Agency. (b) Bidding Requirements. SMfUI:475724784.2 659-18 Developer shall enter into contracts for the construction of any off -site improvements which Developer elects to construct. City shall approve the award of any such contract to the lowest responsible bidder. Developer's bid package shall: (i) Require use of prevailing wage rates for off -site pubic improvements; (ii) Use City approved bid package; (iii) Employ bidding process in accordance with City procedures per Santa Ana Municipal Code § 2 -805; (iv) Require that all change orders for off -site public improvements shall be approved in writing by the Executive Director of the Public Works Agency prior to the commencement of work; and (v) Provide that the bids shall be delivered under seal directly to City. Alternatively, should City and Developer jointly elect, the off -site public improvements maybe bid and contracted for using the "management contract method." Should Developer propose use of the management contract method for such improvements, it shall identify in writing a proposed management contractor. Upon receipt of this request, the Executive Director of the Public Works Agency shall review such proposal within three (3) working days. Should the parties choose to utilize the management contract method for construction of the off -site public improvements, the bidding requirements, as set forth above, shall be modified so that separate bids shall be submitted to City for each trade. The management contractor shall perform none of the construction itself unless it is awarded a separate contract therefore as the lowest responsible bidder in subsequent bidding under the procedures set forth above. (c) Construction Requirements Developer shall carry out the design, construction and the operation of the off -site improvements in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Property is located, and any other political subdivision, agency, or instrumentality exercising jurisdiction over City, Developer or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, City zoning and development standards, City permit and approvals, building, plumbing, mechanical and electrical codes, as they apply to the off -site improvements, and all other provisions of City and its Municipal Code and all applicable disabled and handicap access requirements, including, without limitation, the Americans with Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq. and the Unruh Civil Rights Act, Civil Code § 51 et seq. (Governmental Requirements). Developer explicitly acknowledges that construction of the public off -site improvements shall be subject to the requirement that Developer shall pay "prevailing wage" rates pursuant to Labor Code § 1720 et seq. and that this standard shall constitute one of the Government Requirements. SMRH:475724784.2 659-19 65B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: GENERAL PLAN AMENDMENT NO. 2016-02, AMENDMENT APPLICATION NO. 2016 -02, TENTATIVE TRACT MAP NO. 2016-02, MITIGATED NEGATIVE DECLARATION NO. 2015-09, SUMMARY STREET VACATION AND INCLUSIONARY HOUSING AGREEMENT FOR THE FIRST AND PACIFIC TOWNHOME PROJECT AT 1506 THROUGH 1546 WEST FIRST STREET — THE OLSON COMPANY, APPLICANT (STRATEGIC PLAN NOS. 3,2,5; 5, 3,4) <'D� Y, (P",/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: : .WT0 to ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2015 -09. 2. Adopt a resolution approving General Plan Amendment No. 2016 -02. 3. Adopt an ordinance approving Amendment Application No. 2016 -02. 4. Adopt a resolution approving Tentative Tract Map No. 2016 -02 as conditioned. 5. Approve the vacation of excess right -of -way on First Street. 6. Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Olson Urban Housing, LLC for the construction of nine affordable units and the payment of an in -lieu fee of $24,450 for a fractional unit for the residential development located at 1506,1524 & 1548 West First Street. PLANNING COMMISSION ACTION At its regular meeting on April 11, 2016 by a vote of 5:0 (Alderete and Bacerra absent), the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2015 -09, adopt a resolution approving General Plan Amendment No. 2016 -02, adopt an ordinance approving Amendment Application No. 2016 -02, and adopt a resolution approving Tentative Tract Map No. 2016 -02 as conditioned for the First and Pacific Townhome project, a 62 -unit for -sale residential development at 1506 through 1548 West First Street. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). 75A -1 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 — First & Pacific Townhome Project at 1506 -1548 West First Street May 17, 2016 Page 2 DISCUSSION The Olson Company is requesting approval of several entitlements for the First and Pacific Townhome project, a 62 -unit for -sale residential development, including a General Plan Amendment (GPA) to change the property's General Plan land use designation from Commercial to Urban Neighborhood (UN), an Amendment Application (AA) to change the zoning designation from Commercial and Single - Family Residence to Specific Development No. 90 (SD -90), approval of a tentative tract map to allow the individual sale of the twnhome units, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program. The City is also requesting that a small 0.16 -acre parcel surrounded by the proposed project be included in the general plan and zoning actions in order to be consistent with the proposed development. The project will consist of five different floor plans, ranging from two- bedroom and 1,302 square feet to three - bedroom and bonus room plans with 2,108 square feet. All units with be three -story in height, with the first floor consisting of the two -car garage and entry and the upper floors consisting of the living space. A Spanish architectural design is proposed for the project that will fit within the context of the surrounding area and enhance the aesthetic and functional appeal of the community. The elevations have been designed with differentiated architectural elements to give each entry more presence, particularly along the First Street, Walnut Street and Pacific Avenue frontages. Full - sized plans are available for public viewing in the Clerk of the Council Office. In addition, the applicant is requesting a two -foot wide portion of First Street be vacated and incorporated into the project (Exhibit B). Section 83.13(a) of the California Streets and Highways Code requires the City Council to consider the general plan before approving a street vacation. First Street is identified as a major arterial, with three lanes in each direction and 120 feet in width per the Circulation Element. Along the project frontage, First Street has the required three travel lanes in each direction; however, the right -of -way width varies from 105 to 112 feet, With the combination of the vacation and street dedication required for the project, the right -of -way width along the project frontage will be 110 feet. It has been determined that the 110 foot dimension will allow sufficient space for the future widening of First Street to accommodate bike lanes. Therefore, staff recommends approval of the vacation as it is consistent with the General Plan, and improves the overall site function, including setbacks, building placement and site accessibility. Utilities, other government agencies and various City departments have been advised of the action and have no concerns with the vacation, which will be formally completed as part of the final subdivision map for the project. Finally, the proposed project is subject to the Housing Opportunity Ordinance (HOO). Under the revised Ordinance, projects that submitted an application that was deemed complete prior to August 4, 2015 are considered "Pipeline Projects ". In Section 41- 1910(b) of the revised Ordinance, pipeline projects "may either construct the inclusionary units pursuant to the prior Housing Opportunity Ordinance (Ordinance No. NS -2825) or pay an in lieu fee calculated by the formula under the prior Ordinance or request to revise its Inclusionary Housing Plan and /or Inclusionary Housing Agreement and pay an in -lieu fee of $9.35 per square foot of habitable space for the entire Project's inclusionary housing obligation." The First and Pacific Townhomes Project application was submitted and accepted on February 4, 2015. The Developer has elected to construct inclusionary units under the prior Housing Opportunity Ordinance (Ordinance No. NS- 2825), which allows for ownership inclusionary housing units to be sold to moderate income households. 75A -2 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 — First & Pacific Townhome Project at 1506 -1548 West First Street May 17, 2016 Page 3 The applicant is proposing to satisfy the HOO by providing a combination of on -site inclusionary units and the fractional unit payment of an in -lieu fee. In the case of this project, the applicant must provide 9.3 for -sale units (15 percent of 62 total units) meeting the affordability guidelines for Moderate income. The applicant intends to provide nine affordable units and pay an in -lieu fee for the remainder 0.3 unit, which equates to approximately $2.4,450. The applicant has submitted both an Inclusionary Housing Plan (that has been approved by the Community Development Agency) and an Inclusionary Housing Agreement for approval by the City Council, with the Inclusionary Housing Agreement to be recorded against the property (Exhibits C and D). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #5 (leverage private investment that results in tax base expansion and job creation citywide); 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), and Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT If the developer is issued permits to proceed with the project, payment of the in -lieu fees will be paid at that time and this will likely occur in FY 16117. Upon receipt, the estimated fees in the amount of $24,450 will be deposited into the Inclusionary Housing Fund revenue account (No. 41718002 - 57896). Hassan Ha an - ICP Executive Director Planning & Building Agency Robert Cortez Special Assistant to the City Manager City Manager's Office VF:rb vAreports \GPA16- 02AA16- 02TM16- 02 01son Companym APPROVED AS TO FUNDS AND ACCOUNTS: C CC�Y� y d%,, 4 Francisco Gutierrez 5'1 Executive Director T,n e & Manageml eent Services Agency Fred Mousavipour Executive Director Public Works Agency Exhibit: A. Planning Commission Staff Report B. Map of Proposed Vacation C. Inclusionary Housing Plan D. Inclusionary Housing Agreement E. Resolution F. Ordinance 75A -3 75A -4 INXeI11'��3�T:7 Planning Commission Action APRIL 11, 2016 TITLE: PUBLIC HEARING — FILED BY THE OLSON COMPANY FOR GENERAL PLAN AMENDMENT NO. 2016-02, AMENDMENT APPLICATION NO, 2016.02 AND TENTATIVE TRACT MAP NO. 2016-02 FOR THE FIRST AND PACIFIC TOWNHOME PROJECT AT 1506 THROUGH 1548 WEST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 3, 5 5, 3; 5, 4} Prepared by _Vince Freq �_ 64- . Executive Director 11 • PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicants Request • Staff Recommendation CONTINUED TO Planning Manager ` Planning Commission has considered the draft mitigated negative declaration (MIND) for this project and shall adopt by minute action a recommendation to the City Council for the following actions: Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2015 -09. 2. Adopt a resolution approving General Plan Amendment No, 2016 -02. 3. Adopt an ordinance approving Amendment Application No. 2016 -02. 4. Adopt a resolution approving Tentative Tract Map No. 2016 -02 as conditioned. Request of Applicant Sandi Gottlieb, on behalf of The Olson Company, is requesting approval of several entitlements for the First and Pacific Townhome project, a 62 -unit for -sale residential development proposed at 1506 through 1548 West-First Street. Specifically, the applicant is requesting approval of a General Plan Amendment (GPA) to change the property's General Plan land use designation from the General Commercial (GC) to the Urban Neighborhood (UN) land use designation, approval of an Amendment Application (AA) to change the property's zoning designation from General Commercial (C -2) and Single- Family Residence (R -1) to Specific Development No. 90 (SD -90), approval of a tentative tract map to allow the individual sale of the townhome units, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program. In addition, the City is requesting approval of a GPA and AA to make a 0.16 -acre parcel that is surrounded by the project consistent with the proposed designations for the townhome development. EXHIBIT A 75A -5 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 2 Proiect Location and Site Descriotion The project site is a 2.47 -acre, quasi - rectangular shaped parcel of land located at the southwest corner of First Street and Pacific Avenue. The project site consists of three separate properties that contain two different structures. A fourth property, a 0.16 -acre parcel of land located at 1526 West First Street, is not a part of the current development proposal. However, staff is recommending that this parcel be included in the rezoning and general plan amendment actions. All buildings on the development site are vacant, with the fourth parcel occupied as a single- family residence. The General Plan land use designation for the properties is currently General Commercial (GC). Further, the properties are currently located in the General Commercial (C -2) zoning district, with the southern portion of the properties facing Walnut Street designated as Single - Family Residence (R -1). The proposed applications would amend the General Plan land use designation for the properties to Urban Neighborhood (UN) and the zoning designation to Specific Development (SD), making the proposed project consistent with the General Plan and zoning district. Vehicular access to the site is currently provided from several driveways on First Street. However, access to the project will be relocated to Walnut Street as part of the development proposal. Residents will also have pedestrian access to First Street via pedestrian gates and openings. The site is surrounded by a variety of commercial developments to the north, west and east, and single - family residential uses to the south (Exhibits 1, 2 and 3). Project Description The applicant is requesting approval of several entitlements to construct a 62 -unit for -sale residential community. Table 1 on the following page provides a detailed summary of the proposed development. Because the current zoning districts for the properties contains standards that apply to either commercial or single- family developments, the project was designed to conform to a mix of unique standards and guidelines that are found in the City's two primary form -based zoning codes appropriate for infill residential projects: the Transit Zoning Code (SD -84) and the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). The standards and guidelines within these two plan areas emphasize the form of buildings and their placement and encourage designs that maximize the presence of structures on streets, the pedestrian experience adjacent to and among these buildings, design, compatibility, and meaningful and functional community open spaces that can be provided in a variety of manners. 75A -6 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 3 Proposed development: Approximately 2.48 acres /107,982 sq. ft. imately 0. 16 acres/ 6,969 sq. ft. Outdoor Landscape Area Table 1; Project Summary General Commercial and Single - Family Residence (C -2 1R- 1); Specific Development (SD) proposed Commercial (C -2); Specific Development (SD) proposed Number 19,570 sq. ft. Commercial and Low Density Residential (GC /LR) current; Urban Commercial (GC) current; Urban Neighborhood (UN) proposed 06 Percent I*-M Currently mixture of one and two -story structures with surface parking; Proposed 62 -unit residential townhome development in 12 one and three -story buildings with 139 parking spaces and onsite amenities /open space durrently a single - family residence with a detached garage; No proposed changes to the land use at this time VI-90 Allocation room, The site plan has been designed to minimize the impact of vehicular circulation and to emphasize the needs of pedestrians and residents who will use the open spaces on the site, and to provide increased security to resident areas. Onsite vehicular circulation is access to two -car garages for each unit and to surface parking areas. pedestrian pathway will allow connectivity between the open spac e buildings. Vehicles will enter the site via a gated entry on Walnut dispersed throughout the project (Exhibit 4). 75A -7 designed to provide direct Further, a clearly delineated areas and the residential Street, with visitor parking GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 4 Vehicular access to the residential buildings and open spaces will be behind either townhome structures or perimeter security gates that face away from First Street, reducing their visual impact but also enhancing the security of the project site. Pedestrians to and from the project site may enter or exit through secured gates without the need to circulate through the central driveway. Five different floor plans are proposed for the project, ranging from two- bedroom and 1,302 square feet to three - bedroom and bonus room plans with 2,108 square feet. All units with be three -story in height, with the first floor consisting of the two -car garage and entry and the upper floors consisting of the living space (Exhibit 6). The Spanish architecture and color selections are designed to fit within the context of the surrounding area and will enhance the aesthetic and functional appeal of the community, The elevations have been designed with differentiated architectural elements to give each entry more presence, particularly along the First Street, Walnut Street and Pacific Avenue frontages. The units have been enhanced with balconies, patios and other architectural features to present street frontage elements tying in with the public realm. The homes along Pacific Avenue and Walnut Street feature patios or stoops and steps, furthering the project's integration with the street. Features have been incorporated throughout, including pop -outs, changes in roof forms, metal detailing, architectural trim and color changes to enhance and create more articulation in the facades (Exhibit 6). The overall architecture will also be enriched through landscaping. Landscape colors and materials have been selected that will be in harmony with the Spanish architecture with pedestrian pathways linking common area gathering spots. A series of courtyards, green space and green paths throughout the project tie the community together, with the focal points being the courtyards and community center as central gathering places. Useable common open green spaces are provided for social interaction between residents and allow for the potential future integration of the parcel in the middle along First Street. Landscaping and walls with vine pockets will be strategically utilized to create buffers and soften the wall edge while still providing adequate sidewalk width for accessible paths of travel, where required. Finally, the community building will provide a desirable and functional open space amenity for the future homeowners, while creating a visual break in the residential uses with height variations and alternate window patterns (Exhibit 7). The proposed project is subject to the provisions of the recently amended Housing Opportunity Ordinance. For this project, the applicant is required to provide 9.3 residences as affordable units. The applicant has submitted an Inclusionary Housing Plan to the Housing Division that identifies nine units that will be made available for affordable housing, with the payment of a fee to cover the remaining 0.3 requirement. 75A -8 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 5 Project Backaround The project site was developed with several buildings that were built between 1923 and 1979. Since then, the buildings have undergone minimal tenant improvements, with the sites largely unchanged and vacant since 2010. The City's Housing Element, adopted in 2014, identifies portions of Santa Ana for future residential and mixed -use developments. The Housing Element states that these areas were selected "to create distinct and vibrant activity centers linked together with a variety of transportation options." First Street was identified as a corridor to allow housing to be constructed; however, this site was not specifically identified as an opportunity site. This project Is consistent with the direction of the Housing Element, which states "the City will need to create new residential General Plan land use designations, zoning districts, and design guidelines" for developments ranging from 23 to 35 units per acre. Further, the City has recently initiated the process to update its General Plan, which is the blueprint for future development. A key component of the update process is the identification of sites for future development, including but not limited to areas for new residential and /or mixed - use development. Staff has identified the First Street corridor, including the project site, as a potential area for mixed -use development up to six stories in height and at a maximum density of 100 units per acre. This area will be studied in greater depth as the update process continues, with a final determination on the eventual land use designation expected in the next one to two years. Project Analvsis The Olson Company is requesting approval of a general plan amendment, amendment application (zone change), a tentative tract map and a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in order to allow the 62 -unit, for -sale townhome development. The following sections of this report provide analyses for each of the proposed action items. General Plan Amendment The applicant is requesting approval of a General Plan Amendment to change the General Plan land use designation from General Commercial (GC) to Urban Neighborhood (UN) with a floor area ratio of 1.0 (Exhibit 8). The floor area ratio was derived by dividing the square footage of the proposed development by the total site area in square feet. Further, staff is recommending that the separate 0.16 -acre parcel surrounded by the development proposal also be included in the general plan amendment action for the project. 75A -9 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 6 The City's Housing Element, adopted in 2014, identifies a need to redesignate areas of the City to support future housing developments, with the project's proposed density consistent with the density range identified by the document. The project site and surrounding area is currently designated by the General Plan Land Use Element as a General Commercial (GC) land use district. The district applies to this area because of the current mix of commercial land uses, including offices, retail stores, motels, eating establishments, and uses of a similar commercial nature. However, the residential nature of the proposed development requires establishment of a new land use designation for the property of Urban Neighborhood (UN) to be consistent with the provisions of the General Plan. As additional applications for residential or mixed -use projects are received by the City in this area, a comprehensive amendment to change the area's land use designation from General Commercial (GC) to Urban Neighborhood (UN) may take place. If approved, the project would support several goals and policies of the Housing Element. First, the project would be 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. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with several Housing Element policies: Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; and Policy HE -2.6 to provide an affordable component within eligible ownership housing projects. Amendment Application The subject parcels are located in the General Commercial (C -2) and Single- Family Residence (R- 1) zoning districts. The C -2 zoning designation allows for a variety of commercial uses, while the R -1 district allows primarily residential land uses. Because the project proposes a residential land use, staff recommends approval of an amendment application to change the property's zoning designation from C -2 and R -1 to Specific Development (SD) No. 90 (Exhibit 9). Staff has also analyzed the separate 0.16 -acre parcel and has found that the current nonconforming residential land use and current commercial zoning are not ideal options for the site. In order to allow flexibility in the future use of this site, while maintaining its legal nonconforming status, staff is recommending that this parcel also be included in the zone change action for the project. This action will allow the site to remain as -is indefinitely as well as allow a potential merger into the proposed development site at a later date. The Specific Development zoning designation allows flexibility of uses and development standards that are tailored to a unique or specific project. Because the standards contained within the standard zoning code would render the proposed project unfeasible, establishing the SD zoning designation is recommended to facilitate the proposed project. 75A -10 GPA No. 2016 -02, AA No. 2016 -02 & TTM No, 2016 -02 April 11, 2016 Page 7 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. Specifically, the SD -90 document will include development standards such as uses, setbacks, parking, and height to allow the exclusive entitlement of the project. The SD document has been framed to be consistent with the proposed project and prohibits future modifications to enlarge or reduce the size of the project (Exhibit 10). The zone change would need to be approved in conjunction with the proposed General Plan Amendment to change the land use designation from General Commercial and Single - Family Residence to Urban Neighborhood. This would result in a project that is consistent with the goals and objectives of the City's General Plan land use designation of Urban Neighborhood. Because the proposed General Plan Amendment is consistent with the proposed Visioning Map, the zone change would be consistent with the overall visioning for the project site and immediate vicinity. Vesting Tentative Tract Map The applicant is proposing to merge the existing parcels and allow the air right subdivision of the townhome units and allow the sale of individual unit. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and with the proposed SD -90 zoning document (Exhibit 11). Approval of the tract map will be consistent with the goals and policies identified in the City's General Plan. Policy No. 1.1 of the General Plan Land Use Element encourages medium- density housing in and around the Downtown area, Policy No. 1.5 promotes the maintenance and fostering of a variety of residential land uses in the City, Policy No. 2,4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy No. 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will promote a development suitable for the site and will provide a diverse housing opportunity in the City. The project will also contribute to the promotion of jobs - housing balance in this area of the City, Finally, the development, through the construction of the proposed public improvements and site amenities, will contribute to the enhancement of a portion of the city that has seen a reduction in investment in recent decades. The introduction of a new development will contribute to the transformation of the West First Street corridor between Bristol and Fairview Streets into a corridor that contains a mixture of residential and commercial uses. 75A -11 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 8 Public Notification On February 25, 2015, the applicant held a community meeting in accordance with the provisions of the City's Sunshine Ordinance at the Vietnamese Community Center of Orange County. Several members of the community attended, with issues such as parking, open space, qualifications of the developer, and alternate uses discussed. Planning Division staff also attended the meeting. The applicant provided a draft notice, affidavit, copy of publication, and meeting notes to Planning Division staff in the days following the meeting. The project site is located within the boundaries of the Central City Neighborhood Association and adjacent to the Artesia Pilar and Pico - Lowell Associations. Staff has notified all parties that have expressed an interest in the project by mail a minimum of 10 days prior to the public hearing to ensure they were notified of the meeting and to identify if there were any areas of concern. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study /Mitigated Negative Declaration (ER No. 2015 -09). Sections 15070 through 15075 of the State CEQA Guidelines (Article 6) guide the process for the preparation of a negative declaration (ND) or mitigated negative declaration (MND). The MND prepared for the project, as required by CEQA, contains a project description, project location map, proposed finding that the project with mitigation will not have a significant effect on the environment, a copy of the initial study, and mitigation measures to avoid potentially significant effects (Exhibit 12). The mitigation measures included in the MND are designed to reduce or eliminate the potentially significant environmental impacts. The scope of the MND evaluates the proposed project's effects on the following resource topics: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The City prepared a draft MND and circulated it to all interested or required parties on the City's standard distribution list on March 10, 2016. A notice of intent to adopt was also published in the Orange County Reporter on March 11, 2016. The City circulated the draft MND for a 20 -day public review between March 14, 2016 and April 3, 2016. The draft MND was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's webpage created for the project. 75A -12 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 9 This MND is intended to provide a forum to receive and respond to comments pertaining to the analysis contained in the draft MND and to provide an opportunity for clarification, corrections, or minor revisions to the environmental document as needed. Comments were received during the public review period. Although not required for an MND pursuant to the State CEQA Guidelines, the City, as the lead agency for the project, has responded to all comments received on the document after a thorough review of each comment's contents. As a result of the environmental analysis, no areas of significant impacts were found from the construction of the proposed project. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program. Mitigation measures have been outlined to address potential impacts on air quality, unanticipated discovery of cultural resources or human remains, soil and liquefaction, asbestos abatement and lead -based paint removal, and noise (Exhibit 13). Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). Conclusion Based on the provided analysis, staff recommends that the Planning Commission recommend that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for Environmental Review No. 2015 -09; recommend that the City Council adopt a resolution approving General Plan Amendment No. 2016 -02 and Tentative Tract Map No. 2016-02 as conditioned; and recommend that the City Council adopt an ordinance approving Amendment Application No. 2016 -02. Vince Fregos , AICP Principal Plann VF:jm v @eporls\GPA16 -02 AA16-02 TM16 -02 Olson Company. as 75A -13 GPA No. 2016 -02, AA No. 2016 -02 & TTM No. 2016 -02 April 11, 2016 Page 10 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit a — Floor Plans Exhibit 6 — Elevations Exhibit i — Landscape Plan Exhibit 8 — General Plan Amendment Exhibit 9 — Zoning Map Exhibit 10 -- Specific Development No. 90 Exhibit 11 — Tentative Tract Map Exhibit 12 — Final Initial Study /Mitigated Negative Declaration (IS /MND) Exhibit 13 — Mitigation Monitoring Program 75A -14 Rl Ri Rl qt Rl RI I R11 --JI Ill 1 p Pi � �1111111 RI 2 Rill F 3 RI R2 H2 R2 0 1 ,-,1 — A2 A2 R2 n2p, SD s �8 MI III i Rip Mil R) ml ml c, m 11 MI Rq RI Rr IEVIV - 11 n;Ad, MI L - mil z Q R2 E9 Im 2 Ml 1 Ml L-� - E F- RRVO C2wn :r : Ril Ri R, R1 R1 C2 C2 RI Lill' f Y, ;�7 Rl =R1 R3---- VR2 R2' I Rl Rl Rl 0 Rl Rl Rl Rl j Rl RI I Rl R Al M LAGRCUUUKLt CR WNIM50ALFOODMAL m 9NGLEFAM1LYFMDDMAL .9 mmwMoo1nwoN CO MvswmeqTc8Y1H2 w TVOFAMILYFESDUV M GEM MMUDIJALMUTH MAIN ml UGWINDISMAL R3 MULTIUDD!]TYMIAAFLE 01 WMMUNTYCDMMrMAL M2 HFAWINOUSNAL FAMILYFMOMCE Gt.MD COMM.COMMffUAUMUSbJMD1SRCT mo MUTARYOPIRATIONG m MIMNAPARUDCM C2 MERALCCMMMAL 0 01' AM fE f DUOALEgATE 0 CtNTPALWsN� p PFCFEMOWL so LSA CENTRALW9NE%AR11$TMLlAGE ILO PLANNU)MMMUN(WDEVBXMB sp SPEOROPLAN N F NNWSUTIWICEUl PFD KWMN1DRMDS41lALDMOPM9K C5 ARnRALMMM90AL AA 2016-2/GPA 2016-2/TTM 2016-2 FIRST AND PACI FIC TOWNHOMES 1506-1548 WEST FIRST STREET 1" = 1000 FEEr P L A N N I N G A N D B U I L 0 1 N G A G E N C Y EXHIBIT 1 VICINITY MAP 75A -15 W S I N G L =- z S I N G L E - SFI NM ILL F A N I L Y W FA N I L Y E. I I E E PI C_ E E C E I R E C 2ND d STREET S N L - FA ILY v E I E CE C7 C O M M E R C I A L w 1ST PINE SI G E - EAMI Y R E S DEN C E w Z w d v w V d CL �F'AJMD NY S [ E C O M M E R C I A L STREET STREET U L I - JR1 GI S N , L MILY M I L Y FA IL JC I O N E E I E C O M M E R . I A L PINE SI G E - EAMI Y R E S DEN C E w Z w d v w V d CL �F'AJMD NY S [ E C O M M E R C I A L STREET STREET U L I - JR1 GI [FR [E] FF MILY M I L Y EN I O N E w 51 GLE ^ F MILY R S D N E PINE SI G E - EAMI Y R E S DEN C E w Z w d v w V d CL �F'AJMD NY S [ E C O M M E R C I A L STREET STREET STREET EA, L Y AA 2016 -21GPA 2016 -2/TTM 2016 -2 - FIRST AND PACIFIC TOWNHOMES j 1506 -1548 WEST FIRST STREET:y P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 75A -16 GLE - JR1 GI E- [E] FMRD M I L Y EN E ' .. STREET EA, L Y AA 2016 -21GPA 2016 -2/TTM 2016 -2 - FIRST AND PACIFIC TOWNHOMES j 1506 -1548 WEST FIRST STREET:y P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 75A -16 GLE - JR1 I Y [E] DE C STREET EA, L Y AA 2016 -21GPA 2016 -2/TTM 2016 -2 - FIRST AND PACIFIC TOWNHOMES j 1506 -1548 WEST FIRST STREET:y P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 75A -16 THE OLSON COMPANY 1506 -1548 WEST FIRST STREET EXHIBIT 3 75A -17 a 09 s 9 } WIMP 0 g e Via$ v3 x � .t9gi�3 h az ? =4Li� i49 3a;3iF�3��3. u j I � 1 w w f— J Fw-- z U I ,t F^ �s S� U U 6 C6 c � K C a Fw EXHIBIT 6 Page I of 7 75A -19 tL 0 u R 0 0 0 LL 10' C14 C) z u- z in ESN iS va ii O LYiu Fw EXHIBIT 6 Page I of 7 75A -19 tL 0 u R 0 0 0 LL 10' C14 C) z u- z in ESN iS va ii O Page 2 of 7 75A-20 0 2 51 oi LL li CN Z. 0 cn (D p .1.1 — - — 751 21-- IF CD ~� ^ a 0 5 i\ /\ I 56 a r. % .1.1 — - — 751 21-- IF CD ~� ^ . 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I 1 I 1 I 1 111 111 I 1 u 3 O 0N. j O wr;w0 � �0 %'� I I 11 I 1 1 tl \ 11 A K d O 2 z hN� IX LL Page 6 of 7 75A -24 O R O O E s O O O N so 1� Qx �S 0 CL U LL Q + a � o G d c� c n cn I fi IA1 /�1 I 1 I 1 I 1 111 111 I 1 y 1111 p. 3 111 I I 11 I 1 1 tl \ 11 I I 1 t 1 I t 1 1 1 z hN� IX LL Page 6 of 7 75A -24 O R O O E s O O O N so 1� Qx �S 0 CL U LL Q + a � o G d c� c n cn 3 m a 0�a N QUw a fic 0 °9N a � goo H6 17 i�IP n w° s� j O 3 °o n 0 Page 7 of 7 75A -25 Z a O O LL n m 0 LL Z g 0 LOO I_. i Q Q �S k w C7 O d L v LL � � a i3 N C Q D C Q i III1,� M1111A1 1111111, - u GGii ii"� I E� CCi�C..F.e 'r: i in.� 3 °o n 0 Page 7 of 7 75A -25 Z a O O LL n m 0 LL Z g 0 LOO I_. i Q Q �S k w C7 O d L v LL � � a i3 N C Q D C Q CL U.1 U v7 G EXHIBIT 6 Page 1 of 4 tS; El E [E El B El 0 El E'l El F71 I I lim ■ Page 2 of 4 75A-27 :1 w - z 0 M L) z C� :E v LL {/ Im Ozi I n ■ Page 2 of 4 75A-27 :1 w - z 0 M L) z C� :E v LL {/ Im IV Rl / \ \ \ \ \ \ \ \ \ \ \/ I For z Page 3 a# 75A-28 HU I- 5 z 0 Cj 7 T- 0 !E Q- LL /\ ly, 01 Z yQ Page 4 of 4 75A-29 vl Z 0 aO Ol W 6'6 U- I # 4 � 01 Z yQ Page 4 of 4 75A-29 vl Z 0 aO Ol W 6'6 U- I # z u O y a EXHII Page 1 v E4 F 5 555555Np4}} & $] a s 3 s ®tl 6F^yy�'�b ;yi y55n bk 6bx� k°$i 30 G83 HIii$aa ____ __ __ —N .» x 1 `T Y c YL a> CL C6 cn cn cu cu °es C J m d v E N C7 Cr) J U 1 A 1 i M, 0 4- .0 W L LL AKl y � y 5 O I Page 2 of 2 75A-31 I 19 0. 0 E CO CN co co IL 06 City of Santa Ana General Plan Land Use Element 199 City of Santa Ana Planning l)ivision o` snnt',r r` YA �ff(14 Adopted February 2, 1998 (Reformatted January 2010) "rho Collawing is a chronology nCthe approved general plan amendments tint have been incorporated into this document since ehc comprehensive update oCtlte General Plan Land Use &lernenr adopted by the Santa Ana City Council Pebmary 2, 1998 (GPA 1997- 05): GPA 2016 021oendinnl GPA 2016.01 (painting April 19, 2016) GPA 2015.03 (Pabmary 2, 2016) GPA 2014 -02 (October 21, 2014) GPA 2014-01 (June 3, 2014) GPA 201103 (March 19, 2012) GPA 2011 -02 (June 6, 2011) GPA 201001(June 7, 2010) GPA 200002 (July 20, 2009) GPA 2007 -03 (May 18, 2009) GPA 2000-01 (May S, 2008) GPA 2004 03 (February 2, 2009) GPA 200702 (June 10, 2007) GPA 2007-01 (March 19, 2007) GPA 2006 01 (October 2, 2006) GPA 2005-01 (December 5, 2005) GPA 201 (October 17, 2005) GPA 200401 (April 5, 2005, as passed by the voters of Santa Ana! GPA 200404 (July 19, 2004) GPA 200406 (July 6, 2004) GPA 2003 -02 (June 16, 2003) GPA 2003-01 (February 10, 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) ANUMM 75A -32 GPA 200009 (May 7, 2001) GPA 200000 (February 6, 2001) GPA 200003 (December 4, 2000) GPA 200002 (November 20, 2000) GPA 1999 -02 (October 18, 1990) GPA 1999-01 (August 16,1999) GPA 1998-04 (October 5, 1990) GPA 1998-05 (September 21, 1996) GPA 1998 -01 (May 4, 1998) 75A -33 GARUENGROVEFRM GARVENG e^ 1. rf C W LAVEtAAV o SY/ � i JERAVE e1 n� P�sn 7 '17 y � 75A -34 I 22 � auNFLOwEa AVE ;: LAND USE ELEMENT • The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of0.5, A total of 883.4,48€..1 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development: standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; anti • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. • One Broadway Plaza District Center is a separate land use designation as it has an FA.R. of 29, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component One Broadway Plaza is envisioned as a landrnark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas The City's District Centers and major development areas are shown in Exhibit A -S. CITY OF SANTA ANA GENERAL PLAN A -11 75A -35 t r� �iSI°.� 11� ult,¢lf LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from Lt 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 of27624? 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 ofthe City. A total of2,152,8 acres Lifland 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 ptoduct 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 ofapproximately live acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5.'Thc 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are notsubject to local development regulations. A total of 796.3 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 1,014.7 acres are included in this land use designation. Ofthis total, 358 acres of public park land is included in this land use designation. A -2A CITY OF SANTA ATIA GENERAL. PLAT I 75A -36 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 ofthe adopted redevelopment plans, as appropriate. The City will encourage the further development ofindustrial, 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 thatdevelopment regulations and standards are consistent with community needs and high duality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map, T� r • � r w 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 2121 14824 -,F80 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,588 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, 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 tipper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area C TY OF SANTA ANA GENERAL PLAN A -33 75A -37 LAND USE ELEMENT for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A, -4, between 55,362 to 95 736915-{6t1 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 - tinnily developments constructed in the 1970's and 1980'x. 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 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. Tire 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 33,160,04144, - -19;3,1 square feet ofcommercial 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 75A -38 LAND USE ELEMENT Table A -4 Low Density Residential LR -7 6,460.1 7 divas 45,221 du Low Medium Density Residential LMR -11 4206 11 rules } I 4,627 du Medium Density Residential MR -15 _ i 367.6 t 15 pulse _. 5,514 du _.._.. ._. _. t.... f - -- Subtotal 7248.3! 95,595,9 de r' i 55,362 do District Center } Dtherz DC j 309.5 90 lac 1. FAR 1 Jac 11,955,583 at 1 3,017 du 23,764,534 si 31017 oil - Heritage Downtown ( DC _ 62 5 FAR 3.0 _. -,- 2 057, 24 sf I 1 661 -du 2,057,8— 24 sfr 1,661 tlu Metro East J bC 98.3 FAR 3.0 I 3,245,185 sf 5,551 du 3,245,185 at 5551 du Transit Village DO 51 4 FAR 5.D 4D2,864 SIT 2 761 du 402,864 sf 2,761 tlu - _ — w r...._ _._ Harbor Carrillo[ bC 125,0 FAR 6.0 1.836,155 at 2,029 du 1,836,155 s� 2,029 tlu _ ... 276.0 4908 du; 49� 08du Subtotal — 866076 sr 4,949 do 856,076sP 44149�a Urban Neighborhood UN 27-3 FAR 6 5 3 0 -- - ! 9415 21,148 dui .90 -21148 du 20,407,950 $1 244994H 32,276,907 s1 2408"in Professional & Armin Office l PAD X616412 FAR D 5 1 D f 13 376,408 sf 26 752,809 at I General GOmmerCl81 GC 883 FAFl p 5 1 0 9 240 443 51( 38 480 887 at 3$E9&3744f Subtotal -- - FAR 2 9 i 543193 sf 543,193 at One Broadway PIa2a Dlsinct Ctr3 08PDC � 4 3 I 1501 9 i r 33180 041 xl I G5 775 889 of � j �-�13 -604 B J i 23- 2#9- 284 -af � (k5- 890- 372-af i Industrial I IND 2,152.81 FAR 0.45 i 42,199,991 sf 1 j 42,199,991 at Institutional' INS - 796.4: FAR 0.245 6,937,758 sf 17,344,394 at Open Space OS 10147 FAR 0.2 8840171st 8840,171 at Subtotal 1.811.1 15,777,929 at 20184,565 sf ailing �.=squa- ..Leer_t gesh.......��. -t ,�.._.___.._..,.,.,....,,. FAR =floor area ratio; tl.u.= tlwellinp unit; s.L= square fret (of floorarea). Acreage shown In table does not Include roads In right -of-way. t Effective capacity for non - residential development assumes development possible underthe lower range of FAR intensity standards with the exception of die Metro East District Center, Transit 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 D(stdet 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 eff serve capacity was calculated by adding the 21 14824,04 nits possible In the District Center and Urban Neighborhood with the existing 74,588 (Cenkus 2000) housing units. 2 Land use design often permits both residential and non - residential development. Whirl 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 continuum of care and housing seniors. I 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 Weakened in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A -35 75A -39 Mf .. __. .... mnnawmmew.^ ^^-°^— _�..m...^^"°^�^...a....•r — mw.rw��e.a�an��.. �emr• ��) F WAt. i PLNYiB! p� �g RI AI �,�I 11 SPI waw s, ea j 11 P.Th CN ry iAV 3 � pg A- KY.T. 6i Rr e Rt 0.t Rf ftl W� R, $ N y ai a F 1 R1 !Yr RIj 0.1 ISP � I �� 1 � ... .fl or al I R _ vnun # _ xtturj 6� Rr "a, far p �' i t( II���� i�rt �. {! ^ i�� I��Rr 7l a rii°rn� }r. . �t ! � L.E ��� � L U t JIL'i I l .�i l l i. Ott i Lf i r� 17J Im LI �lllraov LLL_ yy wx .rsuw '"�'"••` ( 1 S IS t1 ( ! T�}jL, j( ,u I( pR31 11, I If �IR 51t _ j i I� a , "I r '�f -..I' as a� -T! is } 9 v jJ�/ I TT L1��R�. �l{t�`I rf��f ��� /lf'IRtI'r _ _ II— Rt a i l r I {( Cs�, ajj� � k, u�li�) iil,l�t i_IIl �fi ,u[ e e e n Pa N,r s ay' R] "IL11Ll 1 Il I' ��f a L(� I11 "111 LI HISI I1 t 1�3 QIyL ii r11a±�1Ti' il,7tiIIIfILR =LI IT] C ,i el ] T E 1 f -s- `° � i�'J1 T � � R, �1(11� Tt i o �xllrl!I € —iL Li IR'71uI'I, �j WpN I ( a a�T �LWW IL I �' IfH6ANLN CRS'} I �� x I 4} - ki yy,� Ik ' �� Rte t � - I Rxi4� !- nomNwf (Gi 8 I m R l R, @' rd 1. I I 1 e., 3 f� a R1 $� ens- 1 I 111 1111 Rf Ri gq�I a, �R, Rsd �oawl cN _ R] R Ill �` " �� 8� �� L onm.m ilaxP Ui" - f - I r l T R 1 s g �yrm 1,11, • ' • • 1 + Garden vrt.v� -ti -. 4 %.. r•...� Santa Ana Zoning Designations I Description At General Agricultural DT Downtown RA Residential Apartment C7 Community Commercial GC Government Caller RE Residential Estate A6 . 0141) Community Commercial - Museum District M1 Light Industrial SD Specific Development i Ana C2 General Commercial M2 Heavylndusldal SP Specific Plan Cd Planned Shopping Center O Open Space TV Transit Village C5 Arterial Commercial P Professional UC Urban Center ; CDR Corridor RI Single - Family Residence UN1 Urban Neighborhood l CR Commercial Residential R2 Two - Family Residence UN2 Urban Neighborhood 2 d C.SM South Main Street Commercial District R3 Multiple - Family Residence f" n o 4 y 0 500 1 mn,eN <x Feet EXHIBIT 9 75A -40 PIC DEVELOPMENT 9TA SPECIFIC DEVELOPMENT PLAN NO. 90 First and Pacific Project SECTION I — Applicability of Ordinance The Specific Development Zoning District. No. 90 (SD -90), as authorized by Chapter 41, Division 26, Section 41 -593 of seq., of the Santa Ana Municipal °Cade, is subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 — Par osc The Specific Development Plan No. 90 for the .First and Pacific Project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses Permitted in Specific Development Plan No. 90 The following uses are permitted in the SD-90 zoring district: a. One- fanuly dwellings b. Multiple - family dwellings not exceeding a density of 26 dwelling units /acre, c. Accessory buildings and structures d. Community buildings e. One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used until all units close escrow. f. Home occupations, pursuant to section 41- 192,.1. et. seq, of the Santa Ana Municipal Code SECTION 4 -- Uses Subiect to a Conditional Use Permit in Specific Development Plan No 90 Any use which may be permitted in the R -2 district subject to the issuance of a conditional use pernut pursuant to section 41 -247.5 may likewise be permitted in the Specific Development Plan No. 90 subject to a conditional use permit SECTION 5 — Minimum Parcel Area in Specific Development Plan No. 90 The minimum parcel area is 2 acres. Existing parcels of land less than 2 acres in size will retain their legal nonconforming status. SECTION 6 — Minimum Street' Frontage in Specific Development Plan No. 90 The Project (parcel) shalt have a minimum street frontage of at least 200 feet. Existing parcels or land less than 2 acres in size will retain their legal nonconforming status. EXHIBIT 10 75A -41 rANDARDs SECTION 7 — Building Heipht in Specific Development Plan No. 90 No primary structure shall exceed forty (40) feet or three (3) stories in height, as measured from the lowest adjacent grade of the structure to the top of the stricture. SECTION 8 — Maximum Floor Area Ratio (FAR) in Specific Development Plan No. 90 The maximum FAR in Specific Development Plan No. 90 is 1.0. SECTION 9 — First Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than ten (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 10 — Pacific Avenue setbacks in Specific Development Plan No. 90 There shall be a setback of not less than five (5) feet as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required setback a distance not to exceed three (3) feet. SECTION 11— Walnut Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than ten (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 12 — Side yard setbacks in Specific Development Plan No. 90 A setback of not less than five (5) feet is required as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required side yard setbacks a distance not to exceed three (3) feet. SECTION 13 — Development Standards in Specific Development Plan No. 90 Lots in the SD -90 district shall comply with the following standards: a. From- and street - oriented side yards shall be landscaped, with the exception of approved driveways, utilities, sidewalks, and other hardscape features. E The perimeter fencing for the structures cannot exceed six (G) feet in height, exclusive of pilasters and any retaining condition, unless otherwise approved by the Platming Division. SECTION 14 -- Parking Requirements in Specific Development Plan No. 90 a. The minimum parking requirements for the multifamily dwelling uuits is two (2) enclosed parking spaces per unit. These spaces shall be in an enclosed garage, either in a side -by -side or tandem orientation. 75A -42 SPECIFIC oEy ELoi'NuNr STANDARDS b. Each parking stall in a two -car garage shall not be less than twenty (20) feet long and nine (9) feet wide. c. A minimum of fifteen (15) guest parking spaces must be provided. Any reduction in guest parking that is due to safety, circulation or other purposes is subject to the approval of the Planting Division. d. All other parking uses aliall be pursuant to Santa Ana Municipal Code Chapter 41, Article XV. SECTION 15 — Open Space Standard for Specific Development Plan No. 90 1. The combined common open space provided shall be a minimum of 1 5,000 square feet. a. Open spaces within the project shall include, at a mimmum, the following: 1) BBQs 2) Outdoor seating 3) General landscaping 4) Any other recreational amenities as permitted by the Planning Division 2. Private open space shall be provided for each unit; the total private open space per unit shall be a minititurn of seventy -five (75) square feet. 3. If minor modifications are required, increases or reductions in the amount of private or common open space are subject to the approval of the Planning Division, SECTION 1.6 — Landscape Standards for Specific Development Plan No. 90 In the SD -90 district, all yards shall be landscaped. All landscaping shall be installed pursuant to a landscaping plan approved by the Planning Division. I. Project Landscaping: a. Landscaping must be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance and local California Water Regulations (AB 1831). b. Irrigation Systems: Landscaping shall have a lolly automatic irrigation system; irrigation (including spray and/or drip) shall be provided and installed per California Water regulations and City standards. 2, All meters shall be appropriately screened from public view with trellis work and vines or a hedge -type shrub, or be incorporated into the residential structure. 3. Maintenance: a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code. 75A -43 A »� � _ O 2 . � Uf UJI k� � z ` W � EXHIBIT 11 saory §) \ )�) ( \\ #/) \ )\ m m/ :oe ] /u! \\ )) �)! ^\\| § )(! i \`\ ! | acee �RR §§%) b ?2eEr /\ \\ )( \\ \ \\ !:9 §sa EXHIBIT 12 Final Initial Study /Mitigated Negative Declaration (1S /MND) is available for review at the following: http: / /www.santa- ana.org /pba /planning /FirstandPacific.asp 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 75A -45 �. • • • • • City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 (714) 667 -2713 ,. , , . , The Olson Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 (562) 596 -4770 Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California 92620 (949) 454 -1800 March 31, 2016 EXHIBIT 13 75A -46 1.0 MITIGATION MONITORING AND REPORTING PLAN 1.1 Introduction This is the Mitigation Monitoring and Reporting Plan (MMRP) for the First and Pacific residential 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 the development of 62 three -story attached for -sale residential units in eleven separate buildings on a 2.47 acre site. The project includes four 2- bedroom units and fifty -eight 3- bedroom units at a density of 25.83 units /acre. The existing vacant commercial buildings on the site will be demolished to allow the development of the proposed residential units. 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 First and Pacific Residential Project— Mitigated Negative Declaration March 31, 2016 Mitigation Monitoring and Reporting Plan Page 1 75A -47 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). First and Pacific Residential Project— Mitigated Negative Declaration March 31, 2016 Mitigation Monitoring and Reporting Plan Page 2 75A -48 75A -49 Nro M R C O fo m U N z o� A_ C m O d m CC b � u.2 !E 'c mom° a� IL :5' Jh, Jhe e E � 0 CL E b V � Q 0 ii. U1 > c @ _ 0 .>' c r m a. W _ @ �CL cam y6 a it% is 0 y+ QS Y ` L aim c� O.UO E o _m yyy w 57 �•� EtY 0 Q o a o a c y C 0 @ C O O C O p : ° 0' _ O CD n o .D � U C O C 07 O N. 7.:t N i0 ♦�, E O O E O N O rOn 'tl .«'�., @_ O >` 6 "C •y @ w- © N C .�-+ N > @ =O p� @ •s vi U @ L o �.0 ° __ 0 0 0 o@ >10 qu o o c N 2 a@ E a • °- c@ m e a o? o N c@ c m a c m E N C N N °C: O' N �. 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U U C 7 Ci ( O O O _ N > m o (N � O o 2 m . o UU (D L� a!o c o u ED LIZ N C U (D N O) O N L C � a W aE aa� oo 3 N• • • NOOU (tl N C U U tl7 U 'C "O N" E O Ill "�" �l O OU N C I— N Q) N 'D N SC-� - N O '00 0 o, E 3 � 75A -50 W V o � N � r � M U l9 2` 0 m 0 m a� c a8 m� 'moo m Ul m N c � o w _ c U O a� � o m A m P Ea 75A -51 w +� a � cu m �a M U m`o L m 0 i m Z N or gc ro �d m a a m m m � 4 w= N O a� b c c m m w i C E R �•Q° E O C � {{0.! .N U N C m m � N y 7 0C C C 0 7 C 7 Ow O W U� ) W C O O O m E � w � 2 0 U U at QT Q c o_ 4) � o 2 do 0 0 : T"`C EO > > Q CL O O �W d _EtC .52 C L r G O C co a O M+'4 c Im m ° O) w:2 E L . N 0 N 5 m Nrn N._ � m w N - N N to � a '0 a z co o C 0 O O O U >, C O NN.Cd Nom'- aOO�iit N M .Z O '�CZ3 � C.i to 0 0 w -m0 L L O ..0 0) 0) X U ._ O L N N m N m 0,C.i •CZ C2 �''- KD m� C U7 SB i 7 �'� N o m U Q m C O .0 N n O C2 :3 .C. .D"'" c-C`it. d U L 0. u5 N O. C�O@ N Cam., O Ob EybO U N O C-O O �� �,a„C�Nt6 `. -C (7�O ��C N ym.�UOf/J��m VbN m:3 N� 3'+Nv v- C `�w"NN 3 Q 0 R ;B N m 0 o— j •� O` N (D C G O ro @JJ7 Z b O to b N v U m L II..'.O N m yj C (D fD N N w O p �_ �O O -C} N J O r.. +r 'C Cl) ?... s,. U C Oj O O "-� C M j O r O C r +. Lrz C O C O� '0 O.. C U) `. (D L ,O C C N +'C., b 2 2cmdNONC�CN oOm m� ro W,S N m m0- O ID ID IDOMZ n Qxi?� Ut o c �4 N3O� K'k cZSZ V �C7 w a c m if C L 4 d �E O 0 0 4w LU *Z C7 C9 75A -51 w +� a � cu m �a M U m`o L m 0 i m Z N or gc ro �d m a a m m m � 4 w= N O a� b c c m m 75A -52 [9 c0 b � N N ra c� U W O m `m N fJ Z CL a a m CT 9 m K U O !G C U O N � a c a m � R 1' Y E c ro CL � E O U m w O � C i] O m U w= N 'L 10 > L Q Q C O. p m d �9 c m 5 ro c C CCL O y O ._ �o O m U Ll. 7,'= 0. L Q. C ® Y .-._c Eo CL Q Q D�UII T�l1 F E� U CL O ((D C °_ ma. cc rts a+ C v '- 4+ ro y E E C7 0O I p N CL 6 O C `s. 0 m o= c N ""' Cii (U a 4J z N N C a ro c w m o ro r o �-c m e iA� m o, w Q) ro a o E c m c.c? trn c O 0 6 b , j Q) Z, CL 0 M �' O O m.G O CO Co N+.. N Q.00 rz'-.m 41 O N v) QY N Z- N`Q N CD ro Nb R a a4� °or yo c' a �aozo.oc °Z3E Z3 0 N 0 C—) �a-0Oa v N� byN � N NV," N °ae'tl7 O N t"i �aairo °�� CGC y Nc �'- mmao'4 .CU N-��. co �-, �. a��v .co o ° �.i.,.m Jz C° y N° N CL m C' a C b N o 0 o ro m n O N C6 co u m m y o 4 N -. N e c a E E o 4 m m U o m ° p 'm w� a as me a m. m c o 0 ri: q U C C 2 x, .� Q2 m a y O �� � C a ,,,, ,� .Q N +� C N O„ m L 'w7 Q °Q ° °W Q CL -a CO a? m mLL y- mZ y k oeh C L 0 o) E r ��TaI Ui r 2 + Z z 75A -52 [9 c0 b � N N ra c� U W O m `m N fJ Z CL a a m CT 9 m K U O !G C U O N � a c a m � R 1' 75A -53 ca r- a � N ro M ro g e 0 ro U N Y • C m aUi 0 a$ m� C =1 �ro cr c 0 c m � d m e e o m m E m i L d � c E ro Q � E O 0 d 4 A c 0 O 10 r •i.' U C ,Q 0 p f i1 � w •- C N N ui w d°' cam Um a`t m C d �'O comic nm oro r•N � E O N c a c Nye as2 a>ia �o ��•o E� RO C C. O C O d O LL p L c s c UJ N w c— p N W >, "Oc '� O A A 0 'a a c V - w ro L — � N ro a 2� ° n° o 0 0 O c p a � N C N N• a" (D m9tlEI, 3 C — 0) U y O p U U3 a= C E 0 �... ', c > 0) Ca a 8 +� r L a= m v ro' 0 O e ma �m m 0 a o a) U E•W a y m' v a a n a a m O a E CO 0 co.n asd a E m O� _, Q1 w A m E C, I e O 55 0 ^LZ Z Z 75A -53 ca r- a � N ro M ro g e 0 ro U N Y • C m aUi 0 a$ m� C =1 �ro cr c 0 c m � d m e e o m m E m i 75A -54 BZUll ON dVV410"13A11V1N911 I z f 0 VO'VNVVINVS C, NVdA03 NOSl03H1 dnojo Sal Vy 01-Md V ISHIJ 0 U A0Vd j ;fl 00 W if w LU LU T. 7E, u -- ---------- EXHIBIT B 75A -56 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M -20) Santa Ana, CA 92702 (714)647.5804 www.santa- ana.org INCLUSIONARY HOUSING PLAN OWNER /APPLICANT INFORMATION Legal Owner West First Pacific, LLC 619 - 957 -5316 Full name of Person, Firm of Corporation Area Code Phone Number 6861 La Jolla Blvd. La Jolla, CA. 92037 619 501 -2159 Mailing Address Area Code Fax Number Applicant The Olson Company (562) 370 -2255 Full name of Person, Firm or Corporation Area Code Phone Number Mailing Address L-2 Area Code Fax Number Contact Person Sandi Gottlieb saottlieb(cOtheolsonco com Full name of Person, Firm or Corporation Email address 3010 Old Ranch Pkwy., Suite 100, Seal Beach, CA 90740 -2751 Mailing Address (562) 370 -2255 (562) 547 -4808 ( _) Area Code Phone Number Area Code Mobile Phone Number r7i' a Co'"de" 8)(Mrnlber PROJECT DESCRIPTION Project Olson First & Pacific Townhomes Address: 1506, 1524 & 1548 West First St., Santa Ana, CA Assessor Parcel NUmber(s): 007- 321 -04, 17 & 18 _ Total number of units proposed: 62_ Number of Rental Units: N/A Number of For Sale units: 62 Number of 15% Inclusionary obligation: 9.3 Identify the gross livable area of the proposed project (including private balconies, decks and patios). 101,650 SF habitable, 8,588 SF private open space (pipeline project) Will the project be constructed in phases? X Yes No Is a density bonus being requested? Yes No X CITY APPROVALS (if applicable) INNCL^USIONARY HOUSING PLAN NO. ( (� L6 APPROVE ❑ DENY Date: �2 2al[,0 Signature: �—L7�.1CJL. ()U � Page 1 of 4 S: PlanningUerical- Counter Formii*=applicalion 1115 EXHIBIT C 75A -57 HOUSING ALTERNATIVES Select the applicable alternatives to indicate how the project will comply with the inclusionary housing requirement: X On -site construction of inclusionary units _e In -lieu fee payment for entire obligation' X In -lieu fee payment for fractional unit (for the 0.3 fractional unit) Land dedication Note: For development projects with more than 20 units requesting in -lieu fee payment to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable in -lieu fee is to be provided with this application. Please complete the following table(s) as it applies to your project proposal: Proposed Rental Housing Projects: Number of Bedrooms Unit Size (Square Feet) Number of Market Rate Units Number of Low Income Units Number of Very -Low Income Units Total Number of Units Percent of Total Units Studio 4 � -- Total t If the calculation of the number of required incluslonary housing units results In a fraction, the developer has the option to (a) provide an additional induslonary housing unit or (b) pay an In -Lieu Fee equal to the percentage represented by the fractional Inclusionary housing unit multiplied by the applicable In -Lieu Fee Page 2 of 4 SPlanningUerical- Counter FormsMOappiicallou W5 75A -58 Proposed Ownership Housing Projects: Number of Bedrooms Unit Size Square eet) Number of Market Rate Units Number of Moderate Income Unit Total Number of Units Percent of Total Units Studio 1 2 1,302 4 4 3 1469 -2108 53 5 58 4 5 Total 53 9 62 14.5% Required Exhibits to the Incluslonary Housing Plan A. ❑ Narrative description of the entire project; B. ❑ Site plan that depicts the entire project (minimum 11" x 17°); C. ❑ Depiction of the location of the inclusionary housing units; and D. ❑ If applicable, a phasing plan that provides for the proportionate number of the total inclusionary housing unit requirement to be built within each phase of the project. E. ❑ If applicable, provide the In -Lieu Calculation Summary for the project. Page 3 of 4 S:Planning0orical- Counter Forma1H00applicalion 1/15 75A -59 Property OWNER'S AFFIDAVIT I hereby certify that I am the legally authorized owner of all property involved in this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign all documents related to this application, including any conditions or litigation measures as may be deerned necessary. I declare under penalty of perjury that the foregoing is true and correct. s,2 e &'iftze Executed on (Date) at,, _ California Property Owner's Signature Property Owner's Printed Name F JMA A A I hereby certify that the statements furnished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions, understanding the City of Santa Ana cannot process this form until all applicable information is corrected or provided by the applicant. I hereby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) Muv`JA i i� 2-Aat Sfo�,� l3 n Ch, California Applicant's Signature 7G ; /1 Applicant's Printed Name ��6 /A no I' 6.,v't(1` k ��1L' CSI S1J� CDOM.p2 v� c. Page 4 of 4 S:Planning0elical- Counter FormsMOapphcalion 1115 75A -60 K THOMTY TO PROCESS ENTITLEWNTS TATS AUTHORITY TO PROCESS ENTITLEWNTS (the "Authorization ") is effective as of ;'YLr\u b v A 2-1 2015, and is made by W17ST FIRST PACIFIC, LLC, a California limited liabil - -i y oompany ( "Owner ") ofroal property located at 1506, 1524 and 1548 West First Street in the City of Santa Ana, County of Orange, State of California. Owner hereby authorizes Olson Land Opportunities, LLC, aDelawaro limited liability company or its assignee (" Developer") with limited powers to sign, file and process with the City of Santa Ana ( "City ") applications for govermnental and other entitlements, permits and development authorizations with the City for the development of the Property in accordance with a development plan created by Developer in its sole discretion, including but not limited to (a) tentative and final tract map(s), zone, general plan and /or specific plan amendments; And (b) grading, soil export, improvement and model plans. Nothing herein shall entitle the Developer to grant any interest in the Property. This authorization shall be effective immediately as of the date hereof and shall expire on the earlier to occur of (a) written notice of termination of this Authorization sent by the Owner to the City; or (b) one ( 1) year from the date hereof. "Owner" Name• (D t7!' /b /nit C Title• Al Name• Title: 75A -61 AUTHORITY TO PROCESS LNTITLEMINTS THIS AUTHORITY TO PRQCk?SS L'NTLTLB.ivIENTS (the "All thorizalimr ") is effective as of r15, and is made by WEST FIRST PACIFIC, LI.,C;, a �5�� _ , California limite litidbility comps ry ( "(Jwner ") of real property located at 15061 1524 and 1548 West First Street in the City of Santa Anti, County of Orange,, State of California. Owner hereby authorizes OL,SON URBAN HOUSING, L.L.C, a Delaware limited liability, company or its assignee ( "Developer "') with Ihnited powers to sign,, file and Process with the Cite of Santa Ana ( "City ") applications for governmental and other entitlements, permits and development authorizations with the City for the developtrtcot of the Property in accordance with a development plan created by Developer in its sole discretion, including but not limited to (a) tentative and final tract mep(s), zone, general Ulan and /or specific plan amendments; and (b) grading, soil export, improvement and model plans. Nothing herein shall entitle the Developer to grant ugly Interest It the Property. This authorization shall be cfi'ective imrnerdiately as of the date hereof' anti shall expire on the carlier to occur of (a) written notice of termination of this Authorization sent by the Owner to the City; or (b) one ( 1) year from the date hereof. y3 y: y��. Nan e ^ '1 "itic: 'title: 75A -62 America's Builder of the Year Olson First & Pacific Townhomes Project Narrative Olson proposes to develop this 2.47 acre site into a homeownership community that fits well within the context of the juxtaposed commercial corridor and residential neighborhood. Three - story for -sale townhomes are planned for the First & Pacific community which will feature five floor plans all with attached two -car garages, ranging from 1,302 to 2,108 square feet of living space (2 BD /2.5 BA — 3 BD /3 BA). The buildings will be designed with Spanish architecture with differentiated elements and color themes to enhance the character of this community. The building and plan layout will create a defined street presence for the project, while providing private spaces for the homeowners balanced with promoting interaction with the public realm through view corridors along First Street and direct pedestrian access to Pacific Avenue and Walnut Street. This community offers a variety of private and common open space areas tied together with pedestrian pathways. All units offer either two or three bedrooms, each with a private patio and /or deck. A community building with an outside plaza area is provided for the homeowners that will be approximately 850 square feet in size which will be a focal point for the residents. A series of courtyards, greens spaces and green paths throughout the project connect the community to the courtyards and community facility which serve as central gathering places. Our project is considered a "pipeline" project under the Inclusionary Housing Ordinance and is eligible to utilize the provisions of the prior Ordinance. Per the Ordinance, we are required to provide 9.3 units for sale to qualifying moderate income buyers (households earning up to 120% of the median). We are proposing to provide 9 units on -site and pay the fractional in lieu fee for the 0.3 unit (estimated by City at apex, $25,000). Based on the Ordinance and discussions with the Housing Department, we are proposing to reasonably disperse the affordable homes through -out the building complexes that house the market rate units and include four two - bedroom units and five three - bedroom units. It is a relatively small site and the unit types vary slightly so the specific location of each affordable unit will be comparable. Additionally, they will have the same exterior appearance and same access to amenities as the market rate units. 75A -63 y @ �g yip $ kk 5 Aug gall is qqss e a d' gS s e s Im l9 Mgt 21 fe 11H S It W-1 Hill U O F ■' L tl7 0 U :✓ 15 E CU i C) CO tlrPo k mom; .� 12 L J co r\ V v pB V 4— iV 06 V! LL r Y .: t o Q � � ��K6 q �� j3 �$ AF�• 3a� ' g ��S �Z PR ` I 75A -65 R 9 As33e�9��5�� n i f x € a iy f n e 3 o J @G 888wh gg � Ell Z � n � V w U d � z U U i7 r1 5 i U o � o C EA 6 C cs TABLE 2 IN -LIEU FEE CALCULATION - DEVELOPER INPUTS OWNERSHIP PROJECTS - 15% MODERATE INCOME INCLUSIONARY REQUIREMENT HOUSING OPPORTUNTY ORDINANCE SANTA ANA, CALIFORNIA I. Prniect Description A. Project Name B. Project Address it. on -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Indusionary Requirement as %of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution Two - bedroom Units Three - bedroom Units Four- bedroom Units Totals Total Building Area (Square Feet) III. Affordability Gap,[-- Unit Calculation Two - bedraom Units Three - bedroom Units Four - bedroom Units Olson First & Pacific Townhomes & 1548 West First Street Restricted Price- Affordability Gap( Market Prices Moderate Income a Unit $350,000 $280,000 $70,000 $382,000 $305,600 $76,400 $0 $0 Affordability Total Affordability IV. Affordability Gan Calculation Gap J Unit incluslonary Units Gap Two - bedroom Units $70,000 1 $70,000 Three- bedroom Units $76,400 9 $687,600 Four - bedroom Units $0 (1) $0 Total Affordability Gap $757,600 rotai In -Lieu Feed $757,600 Per Total Unit $12,200 Per Income Restricted Unit $81,500 Per Square Foot of Total Building Area $7.45 ' This column must add up to 100 %. i Multiply the Y° of Total Units times the Total Inclusionary Requirement. a Equal to the lesser of the defined Affordable Sales Price of 20% less than the projected Market Price. The Total In Lieu Fee is equal to the Total Affordability Gap. Preparedby: Keyser Marston Associates Filename: Olson Homes - Developer Own In -lieu Fee Calculation, a Page 1 oft 62 15% 9 Required # of Total Project Inclusionary Units %of Total Units s Units 4 6.45% 1 58 93.55% 9 62 100.00% 9 101,650 Restricted Price- Affordability Gap( Market Prices Moderate Income a Unit $350,000 $280,000 $70,000 $382,000 $305,600 $76,400 $0 $0 Affordability Total Affordability IV. Affordability Gan Calculation Gap J Unit incluslonary Units Gap Two - bedroom Units $70,000 1 $70,000 Three- bedroom Units $76,400 9 $687,600 Four - bedroom Units $0 (1) $0 Total Affordability Gap $757,600 rotai In -Lieu Feed $757,600 Per Total Unit $12,200 Per Income Restricted Unit $81,500 Per Square Foot of Total Building Area $7.45 ' This column must add up to 100 %. i Multiply the Y° of Total Units times the Total Inclusionary Requirement. a Equal to the lesser of the defined Affordable Sales Price of 20% less than the projected Market Price. The Total In Lieu Fee is equal to the Total Affordability Gap. Preparedby: Keyser Marston Associates Filename: Olson Homes - Developer Own In -lieu Fee Calculation, a Page 1 oft Sandra Gottlieb From; Verlinich, Natalie [NVerlinich @santa- ana,org] Sent: Wednesday, January 13, 2016 11:25 AM To: Sandra Gottlieb Subject: RE: Olson project Attachments: Olson Homes - Developer Own In -lieu Fee Calculation,pdf: HOO Affordable Sale Price Calcuation - Updated Jan 2016.pdf Hi Sandi — Here is the breakdown for the fractional unit: Under the old Ordinance, the fee for the 0.3 requirement would be $24,450 ($81;500 x 0:3)1 Under the revised Ordinance, the fee for the 0.3 requirement would be $30,658.95 Please note that you elect to do the fractional unit under the Old Ordinance, the calculation would be needed to be completed with the sales prices for the market rate homes. Also, I've included the recently updated Affordable Sale Price for the incluslonary units under the ordinance. Please let me know if you need anything else. Thanks, Natalie Verlinich Housing Programs Analyst City of Santa Ana T: (714) 667 -2267 From: Sandra Gottlieb [ n->_ ailto;sgottlieb@theolsonco.com] Sent: Wednesday, January 13, 2016 10:11 AM To: Verlinich, Natalie Subject: RE: Olson project 01<thx From: Verlinich, Natalie [ mailto :NVerlinich(asanta- ana.org] Sent: Wednesday, January 13, 2016 7:46 AM To: Sandra Gottlieb Subject: RE: Olson project I-Ii Sandi, I'm working on it now and should have to you by the end of the clay. Thanks, Natalie Verlinich Housing Programs Analyst City of Santa Ana T:(714)667 -2267 i 75A -67 75A -68 ilium- HiliP FIR T STREET R WALNUT STREET I layers A The E -alh-m Callt.ml. On, Companywlil mmtmcla now hlph peen.. -pas [In. olang Rrdlle AVanua lase IhO,re, 6 Any 1.elJ.. mmay.l wilbie Ill 11611. way is ..bled Is apprevol by the Ewfmana.nlol and Tmmpod -IlanM pay Commlltfe lux). C. 'Text -tl 24" bet steel True, per IIna Chy Sltndarde and oppr.vnd plan, an na ead per the City Sland -rde and Ilse approved ssmnl Irnprovemml plans D. See lh-mncrpm.iwm rarity plan la dlm --.ims alvwmr, fire, rad. s"'Isou. C. See seal -Ilve mop (.riha lel'nwings 2. a. tleo'ln r."heWored-eFraerre+. d-dsm-l1 lohn .,6,d 'I z has ona uw atwv a v g eFirrsn t S. l 4. Mole +h-renewal n(Ihs erhil e skew.4 ad Ihr ma'a.daery of newddnwalkan 5. J.pid onJ nose l!w imtt7 -rco-n al a -wane) Uphn, ax n -eded, p<s CAy rlvnJardr d. Jnpld oast lass, the 1.1no -Ilha- are- ridd.e yU amNhamrawd'.n.lasvr ). depld and m+arhoctnxkud+on of now sidm -Ik rand pask., lamho,7..long lF 81 depld and rmis lh- comlmdron.t mwtldnwdkn�dptrk I's lI,I, pa-I..afn 9. depid and n eat a muxw<Iian al exiga, debcir mmpr lndvdL,p ota tmp..voe t0. J -pid rmd nnlo the rnm.vai of the e.hlhq crab mmnl m nmlhwn +mmer.l vkl gip, e 1 75A -70 ' RADII 17' REQ'D CORNER CUT OFF FOR BLDGS 007221.1 p.loap Ilse.nlla, Pmpany Irce+apat � Sea --'-moat noll1 Indoor ad ."..d sanm Imp....areas pons. "'I., at es ashratf caner of Flan Slmal and ypo:M.Avaaaa, r- -snadj n nl ne +v 25' mdinx carb mwm. ARCHITECTI Santa Ana Sit SOntc City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention; City Clerk To be roccrdod vA hout fee. Lane e For Recorder's Only) (5paa�Abave TRecorder's Use pnly) (Govanr(neol Cade, §§ 6103 and 27383) INCLUSIONARY HOUSING AGREEMENT OWNERSHIP PROJECT THIS INCLUSIONARY HOUSING AGREEMENT its dated as of May 3 220116, 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 and OLSON URBAN HOUSING, I_I-C, a Delaware limited liability company ( "Developer"). A. The City's Housing Opportunity Ordinance ("Ordinance") was originally adopted by the City Council on November 2.6, 2011and is codified in Article XVIII.1 Section 41 — 1900 of the City's Municipal Code. The Ordinance was amended by the City Council on September 1, 2015„ in Ordinance No. NS -2881, and on October 6, 2015, In Ordinance No. NS- 2885. B. The Developer is the fee owner of the Property located at 1506, 1524, and 1548 West First 'Street, Santa Ana, California. C. The Developer desires, at the Developer's sole cost and expense, to develop a sixty -two (62) unit for sale condominium project on the Property ( "Project "). D. On May _3 ZQII b, the City Council: approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Inaluslanary Hausin,e�Ardraomerrl- p,marship -Project - Page Cify of Santa Ana EXHIBIT D 75A -71 Environmental Review No. 2015-09; adopted a resolution approving General Plan Amendment No. 2016-02; adopted an ordinance approving Amendment Application No. 2016-02; adopted a resolution approving Tentative Tract Map No. 2016-02 as conditioned; arid, approved the vacation of excess right-of-wary on First Street, which sets forth the City Approvals for the Project. E. The Program Director, acting on behalf of the City, approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance and the Administrative Procedures Manual established by the City Council to implement the Ordinance requirements. F. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is Intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement, as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Inclusionary Housing Agreement and other good and valuable consideration, the receipt and sufficiency of which Is acknowledged by the City and the Developer, the Parties, agree as follows: F014MR6I s The following words, terms and phrases are used in this Inclusfonary Housing Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation. Administrative Procedures means the regulations promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual Is the Affordable Ownership Housing Administrative Procedures Manual — Developer Requirements dated January 2015, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Developer of Inclusionary Units, fridwianaty Housing Aqraomont - Gmemhlp Projvot Page 2 city of Sinla Ana 75A-72 Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordability Period shall be defined for each Incluslonary Unit in the Inclusionary Housing Covenants Declaration recorded on legal title to that Inclusionary Unit. Affordable Housing Cost means the maximum costs that can be borne by Moderate Income Household based on the requirements imposed by H &SC Section 50052.5, The calculation methodology is described in Section VI of the Administrative Procedures Manual, Affordable Sales Price means the maximum sales price that can be charged for an Incluslonary Unit. The Affordable Sales Price is equal to the lesser of: 3. The sum of the Supportable Mortgage plus the Benchmark Down Payment: or, 1 The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants, The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to this Inclusionary Housing Agreement. The Affordable Sales Prices for Incluslonary Units shall be adjusted quarterly. Benchmark Frown Payment is a component of the Affordable sales Price calculations, For the purposes of these Administrative Procedures, the Benchmark Clown Payment is set at 5% of the total Affordable Sales Price, California Health and Safety Code ( "HSC ") provides definitions of household Income and affordable housing costs that are used In this Incluslonary Housing Agreement, City means the City of Santa Ana, California, City Approvals are defined as the entitlement approvals and the Incluslonary Housing Plan that must be approved by the Program director prior to the Issuance of building permits for the Project. City Council means the City of Santa Ana City Council_ Inclusionary hkousinq A,ffrpcmonk - Civmarshp fruajsc[ City of Santa Ana 75A -73 3 City Deed of Trust means a deed of trust that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration. Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section I of this Inclusionary Housing Agreement. Delivery Date means the date on which an Inclusionary Unit Escrow closes and the Homebuyer acquires a fee title Interest in the completed Inclusionary Unit. Developer means the developer of the Project. Effective Date means the date on which this Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City: and this Inclusionary Housing Agreement is delivered to the Developer. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in the Administrative Procedures. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures, Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article 1 - Section V. Fair Market Value means the value of the Inolusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. Gross Household Income means all Income from whatever source from all adult Household members, which is anticipated to be received during the 12- month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: I nolusionary Housing Aqroeniont - Ownersiblp Projout Noe 4 City of 8 anta Ana 75A-74 I. Except as provided in subdivision (2), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; b. The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); c. Interest and dividends, d, The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; f. Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as Income shall consist of: L The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus R. The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. g. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing In the dwelling; l awonary Homing Agreement • Owiorship Prejecl City of Stints Ana 75A -75 __. Pages h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); I. Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity In real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following items shall not be considered as income: a. Casual, sporadic or irregular gifts; b. Amounts which are specifically for or in reimbursement of the cost of medical expenses; C. Lump-sum additions to Household assets, such as inheritances, Insurance payments (Including payments under health and accident insurance and workers compensation), capital gains and settlement for personal or property losses; d. Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; e. The special pay to a serviceman head of a Household away from home and exposed to hostile fire; f. Relocation payments made pursuant to federal, state, or local relocation law; 9. Foster child care payments; - -- - -ti - Own projec.1 City of Santa Aria 75A-76 h, The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household'; Payments received pursuant to participation in the following volunteer programs: I. National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs, ii. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). HCD means the California Department of Housing and Community Development, Homehuyer means an Eligible Purchaser that has executed an agreement to purchase an Inclusionary, Unit, Household means all the persons who will occupy the Inclusionary Unit as their Primary Residence. A child who is subject to a legally - binding shared- custody agreement, in which the child resides with the Household at least 50% of the time, is counted' as a member of the Household, Excluded from the definition of Household are live -in caregivers /caretakers, faster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household, Housing Cost means and includes all of the following casts associated with ownership of an Inclusionary Unit as defined in Title 25 of the California Code of Regulations Section 6920: 1. Principal and interest on a mortgage loan at the defined interest rate, 2. Property tax and assessments; 3. Fire and casualty insurance covering replacement value of property improvements„ Iriclusinn;�ry Hour +nc� i �reamant • 4Wniership Fltujact Pki 0 7 City of .rota Ana 75A -77 4, Property maintenance and repairs; 5. A reasonable utility allowance, as determined by the City; and 8, Homeowner Association assessments and dues. HUD means the United States Department of Housing and Urban Development, Inclusionary Housing Covenants Declaration means the Declaration of Inclusionary Housing Covenants, Conditions and Restrictions attached hereto as Exhibit 5. Incluslonary Housing Fund means a separate fund of the City which is codified in Article XVIII.1 Section 41 -1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist In the development of housing that is affordable to low and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Inclusionary Mousing Plan means a plan submitted for approval to the Program Director that details the manner in which the Inclusionary Housing obligations will be fulfilled by the Project. The Inclusionary Housing Plan form is presented in Attachment B of the Administrative Procedures Manual, and also attached as Exhibit 3 to this Inclusionary Housing Agreement. Inclusionary Unit means a completed affordable owner- occupied housing unit, including the landscape improvements thereon, if any, that is made available for sale to an Eligible Purchaser. The location of each Inclusionary Unit in the Project is shown on Exhibit 3 to this Inclusionary Housing Agreement. Inclusionary Unit Escrow means the escrow transaction by and between the Developer and each Homebuyer, through which the Developer shall transfer fee title in each completed inctusionary Unit to an Eligible Purchaser, In-Lieu Fee refers to a fee that may be paid by the Property Owner in specific circumstances in lieu of providing Inclusionary Units within a Project. These circumstances are identified in Section II -A of the Administrative Procedures Manual. The current Affordable Housing In -Lieu Fee calculation worksheet schedule is presented in Attachment J of the Administrative Procedures Manual. Market Fate Unit means any unit in the Project that is not restricted for ownership and occupancy by Eligible Purchasers. fncltn;1urrary Housing Agreement - Ownorship Peoiac City of Santa Ana 75A -78 riddi 8 Median Income is calculated by HOD using non - aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The IVISA for Santa Ana Is Orange County. The current household income information is presented in Attachment I of the Administrative Procedures Manual, Moderate Income refers to Households whose incomes meet the standards defined by the H &SC Seotion 50093. generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household Income amount for Moderate Income Households shall be set at the amount published by HOD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income. Ordinance means the Housing Opportunity Ordinance originally adopted by the City Council on November 28, 2011, and as amended by the City Council' on September 1, 2015, In Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS- 2885, which is codified in Article XVIII.1 Section 41 -1900 et seq. of the City's Municipal Code. Owner means the current owner of an Inclusionary Unit, Party and Parties mean the City and the Developer as parties to this I'ncluslonary Housing Agreement, Program Director has the day -to -day authority for making determinations related to the Ordinance and Administrative Procedures Manual, The Program Director will be appointed by the Executive Director. Project means the owner- oocupled housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property, as shown on Exhibit 2 attached to this Inclusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this inclusonary Housing Agreement, Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. — - -- - – tnaltiiatlanary liatisisiyp l zeemani - bvan�rahip ,J�cC _ page 0 Clry of Santa Ana 75A -79 The mortgage calculation is based on the prevailing market interest rate for a 3D- year fully amortizing mortgage with a fixed interest rate. See Section VI -8 of the Administrative Procedures Manual for an explanation of the calculation methodology. ARTICLE DATE; RECITALS; AND EXHIBITS I. Parties to this Inclus- lonary Housing Agreement I-A. City, The City is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. The address of the City. for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana Community Development Agency 20 Civic Center Plaza, M -25 Santa Ana, California 92701 Attention; Program Director Facsimile Number; 714 547 -6549 I.E. Developer. The Developer is a Delaware limited liability company. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: Incluslcnary Houalng fie7reernwn[ - C7,vnership Project f'aqo 10 City of Santa Ana 75A -80 Gilson Urban Housing, LLC 3010 Gild Ranch Parkway, Suite 100 Seal Beach, California 90740 Attention: John Reekstln and Sandra Gottlelb Tel: (562) 596 -4770 Fax: (562) 596 -4703 E -Mail: tolsontheolsonco.com Olson Urban Housing, LLC 3010 Old Ranch Parkway, Suite 100 Seal Beach, California 90740 Attention: Katherine M. Chandler Tel: (562) 370 -2270 Fax: (562) 598 -9853 E -Mail: kciiandler@thoolsonco.com 19. Developer Representations And Warranties The representations and warranties of the Developer contained in Article 1 Section 11 shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date, The Developer's liability for misrepresentation or breach of warranty, representation or covenant, wherever contained In this Inclusionary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement. The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: 1111-A. The Developer is a Delaware limited liability company, lawfully entitled to do business in the State of California and the City. The Developer has the legal right, power and authority to enter Into this Inclusionary Housing Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persona _- -- — — Inctueronarp I-lacisint� A�vpc�men¢ - dwire�styip Pr+sJect — Page f 5 City M Santis Ann 75A -81 executing this Incluslonary Housing Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer, II -B. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Incluslonary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for the Developer's authorization to enter into this Incluslonary Housing Agreement. H-C. Neither the execution of this Incluslonary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or to the best of the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. 11-1), This Inclusionary Housing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Incluslonary Housing Agreement shall be duly executed by, and to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. This Inclusionary Housing Agreement Is dated MAy 3 2016, for reference purposes only. This Inclusionary Housing Agreement shall not go into effect before the Effective Date. IV. Recitals The Recitals set forth above are true and correct, The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference. Ownership Project Page 12 City of Santa Ana 75A-82 V. Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference Into the text of this Inclusionary Housing Agreement. Exhibit 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designations Exhibit 3 Inclusionary Housing Plan Exhibit 4 Schedule of Performance for Construction of Inclusionary Units Exhibit 5 Inclusionary Housing Covenants Declaration Exhibit 6 City Deed of Trust. Exhibit 7 Calcuiations of Affordable Sales Prices Exhibit 8 Developers Phasing Map Exhibit 9 Legal Description of Inclusionary Units "� ■ ININ Rol.] e ``. NO F j 61 r ! G r 1. Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance and the Administrative Procedures Manual. The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies in all material respects with this Incluslonary Housing Agreement and the requirements set forth In all of the applicable foregoing documents. IL Inclusionary Housing Covenants The Developer covenants and agrees that nine (9) of the units to be developed on the Property shall be Inclusionary Units reserved for sale at the Affordable indusionary HousingAgroonron8 .Ownorship Pralaat Papa 13 Clly of Santa Ana 75A -83 Sales Price and occupancy by Homebuyers whose Gross Household Income at the time of occupancy of each Inclusionary Unit does not exceed the household Income qualification limits of a Moderate Income Household. This covenant and agreement shall be binding on the successors and assigns of Developer, as set forth herein and in the Inclusionary Housing Covenants Declaration (Exhibit 5) and the City Deed of Trust (Exhibit 6). II-A. The Inclusionary Units to be developed on the Property shall be reasonably dispersed throughout the market rate project as depicted on Exhibit 3. The Developer may change the location of any Inclusionary Unit to another area within the Project upon approval of the Program Director. Changes in the location of Inclusionary Units as approved on the Tentative Subdivision Map In which the Project is included shall be made consistent with all requirements of the Ordinance and the Administrative Procedures Manual, and shall be subject to the approval of the Program Director, such approval not to be unreasonably withheld. II.13, The Inclusionary Units to be developed on the Property shall be proportional in the number of bedrooms to the market rate units In the Project; they shall be comparable to the market rate units in terms of design, materials, finished quality and appearance; and be permitted the same access to the Project amenities and recreation facilities as the market rate units, Il The Inclusionary Units to be developed on the Property shall be constructed concurrently with, or prior to, the Market Rate Units in the Project. If the Project is phased, the Inclusionary Units shall be constructed In accordance with the phasing plan included as Exhibit S to this Inclusionary Housing Agreement. If the Developer wishes to change the timing andlor phasing of the Project's construction, the City agrees to amend said schedule in a manner consistent with such change so long as the revised schedule continues to ensure that the Inclusionary, Units will be constructed concurrently with, or prior to, the Market Rate Units. II.D. The Developer shall affirmatively market the Inclusionary Units to Moderate Income Households in accordance with the Administrative Procedures Manual. __ - -- — Inc.SUadpnary Flraufl�ng AprecrrnenP - fJwrntarstri� PrpioGt Page 14 CAy or Sarrta Ana 75A -84 III. Sale of Inclusionary Units Each of the Inclusionary Units shall be sold to a Moderate Income Household as set forth in the Inclusionary Housing Plan. The purchaser of each Inclusionary Unit shall qualify as an Eligible Purchaser, as defined in the Administrative Procedures Manual, IV. 'Selection of Eligible Purchaser The Developer shall, at its sole cost and expense, conduct all procedures and comply with all requirements as set forth in the Ordinance and the Administrative Procedures Manual in selecting qualified Eligible Purchasers for each of the Inctusionary Units, Specific procedures are set forth in Attachment D in the Administrative Procedures Manual. If a prospective Homebuyer qualifies as an Eligible Purchaser, as defined herein, the Homebuyer shall be required to execute the Developer's standard purchase agreement for the purchase and sale of an Inclusionary Unit. The Developer shall seek and obtain all approvals required from the City pursuant to the Ordinance and the Administrative Procedures Manual, and shall provide the City with all documentation required pursuant to the Administrative Procedures Manual, V. Execution of Inclusionary Mousing Covenants Declaration and City Deed of Trust The Developer shall not sell an Inclusionary Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Purchaser for the purchase of the Inclusionary Housing Unit, and the Homebuyer has executed and submitted' to the Program Director, in recordable form, the Inclusionary Housing Covenants Declaration and the City Deed of Trust. The forms to be used are found in Exhibits 5 and 6, respectively, to this Incluslonary Housing Agreement, VI. Enforcement of Inclusionary Mousing Covenants Declaration The Developer irrevocably stipulates and agrees that breach of the inclusionary Housing Covenants set forth ,above in Article 2 - Section li will result in great and irreparable damage to the City, and will result in damages to the City that are either impracticable or extremely difficult to quantity. Accordingly, upon the breach of the Inclusionary Housing Covenants Declaration set forth above In -- - - — lncluaionnr~� M�suolncr AprnornenE - Cm7er�shi�a r^rol�f _ r'ago 15 City of Santa Aoa 75A -85 Article 2 Section 11, the City may institute an action for injunctive relief and/or specific performance for the remedy of such breach. VII. Recordation of Inclusionary Housing Covenants Declaration and City Deed of Trust Prior to the close of each Inclusionary Unit Escrow, each Homebuyer shall sign, and the City shall cause to be recorded, the City Dead of Trust and the Inclusionary Housing Covenants Declaration. VIII. In-Lieu Fee In lieu of providing the fractional Inclusionary Unit specified in the Inclusionary Housing Flan, which is .3 of a Moderate Income Household Inclusionary Unit for this Project, the Developer shall pay to the City the sure of $24 050.00 prior to obtaining the first building permit for the Project. Such payment shall constitute satisfaction in full of such fractional Inclusionary Unit requirement only. Inaluslanary Housing Agrriaman4 - Ownarshtp Pmjed City of Sankt Ana 75A -86 Page 16 ARTICLE ■ ., Default If either Party defaults with regard to any provision of this Inclusionary Housing Agreement, the non - defaulting Party shall serve written notice of such default upon the defaulting Party, If, after the service of written notice of such default, the defaulting Party does not cure such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this Inclusionary Housing Agreement, and shall be liable to the other Party for damages caused by such Default. Alternatively, the non defaulting Party, at its option, may institute an action for specific performance of the terms of this Inclusionary Housing Agreement. Legal Actions In the event of a breach or potential breach of program requirements, in addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Incluslonary Housing Agreement. 11 -A. The City's actions may include, but are not limited to, the following: 1'. The following legal actions: a. Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; b. Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; C, Injunctive relief and damages, and Inclu�ltin�ry t taus0�� A,greemLt,l - Owrrmrship Prnlac1 Page 17 City of Santa Ana 75A -87 d. Civil citations with monetary penalties for violations of the Inclusionary Housing Agreement. 2. If the Developer rents any of the Inclusionary Units in violation of this Inclusionary, Housing Agreement, as restitution to the City, the Developer shalt forfeit all monetary amounts obtained through the rental of the Inclusionary Units. 3, If the Developer sells any of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained from the sale of the Inclusionary Units that are in excess of the Affordable Sales Price permitted by this Inclusionary Housing Agreement for such Inclusionary Units, 4. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. 11 -B. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement. IH -C, in the event that any legal action 1s commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or in such other manner as may be provided by law. II -p. In the event that any legal action is commenced by the City against the Developer, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. Ili. flights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times. of any other rights or remedies for the same Default or any other Default by the other Party. Inclusfnnary Hcriasing Agreenianl - ©wvnsrshlF� protect City of Santa Ana 75A -88 f'at�e 78 GENERAL PROVISIONS I, Notices, Demands and Communications Between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Inclusionary Housing Agreement shall be proper if in writing and dispatched by messenger for Immediate personal delivery, or by registered or certified United States mail, or comparable courier service, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such written notices, demands and communications may be sent In the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered, if dispatched by messenger, or the first business day after deposit with an overnight courier, or two (2) calendar days after It Is placed in the United States mall. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Article 1 •- Section 1, II. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inclusionary Housing Agreement, or In the development of the Property, shall participate In any decision relating to this Inclusionary Housing Agreement, The Parties represent and warrant that they do not have knowledge of any such conflict of Interest. IIL Non - liability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclus unary Housing Agreement. laclu�l«rnaof N ©iasi[rg At�reenient - U•,vnsi5hip Pratec4 City of Santa Aria 75A -89 IV. Indemnification The Developer agrees to indemnify and hold the City, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any negligent or wrongful act air omissior of the Developer in performing its obligations hereunder. The City agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs expenses and fees arising from or related to any negligent or wrongful act or emission of the City in performing its obligations hereunder. V. No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction. Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times, Vt. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs. The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. VII. Jurisdiction and Venue Any legal action or proceeding concerning this linclusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in Orange County, California, Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court of, jurisdiction, including without implied limitation, federal district court due to any of the following: Inclu-SIOMP/ HOLISIM] Agreement - 0mnoiship Pi City of Sawa Aim 75A-90 20 Any diversity of citizenship between the City and the Developer; or 2. The fact that the City is a party to such action or proceeding; or 3. That a federal question or federal right is Involved or alleged to be involved.. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394, The Developer acknowledges that the provisions of this Article 3 — Section VII are material consideration to the City for Its entry into this Incluslonary Housing Agreement, in that the City will avoid the potential cost, expense and Inconvenience of litigating in a distant forum. Vill. Inspection of Books and Records To enforce Its rights under this Inclusionary Housing Agreement, the City shall have the right at all reasonable times and upon reasonable advance notice, at the City's cost and expense, to inspect the books and records of the Developer that are not privileged, confidential, trade secrets or otherwise protected from disclosure and that pertain to the sale of the Inclusionary Units at the Property. Matters discovered by the City shall not be disclosed to third parties unless required by law, or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of the City hereunder subject to, however, any right of the Developer to seek a protective order to prevent the disclosure of any confidential or privileged information. IX. Successors and Assigns This Incluslonary Housing Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. �. .. The performance of the City's and the Developer's respective obligations under this Inclusionary Housings Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided' otherwise herein. No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Party to this Inclusionary Housing Agreement as a result of that Party's performance or non - performance under this Inclualonory Housing Agreement .O memhip Prolocl. -_ -- Pa9 p yj City of Santa Ana 75A -91 Inclusionary Housing Agreement, or for the enforcement of any provisions of this Inclusionary Housing Agreement, except as expressly provided otherwise herein. This Inclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, This Inclusionary Housing Agreement supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement, against the Inclusionary Units in the Office of the County Recorder of Orange County, California, The legal description for the Inclusionary Units is provided in Exhibit 9 to this Inclusionary Housing Agreement, 711111. Termination Except as set forth elsewhere, this Inclusionary Housing Agreement shall be effective until all of the following have been completed: 1. All of the Inclusionary Units have been constructed and sold by the Developer to Eligible Purchasers: Z The Inclusionary Housing Covenants Declaration (Exhibit 5) has been recorded against each Inclusionary Unit; 3, The City Deed of Trust (Exhibit 6) has been recorded against each Inclusionary Unit. Upon satisfaction of the above-referenced items, this Inclusionary Housing Agreement shall automatically and immediately terminate and shall have no further force and effect, Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder, or any responsibility with respect to the Inclusionary Units, The City and the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as encumbrance against title to any portion of the Property. IN WITNESS WHEREOF, the Parties hereto have dLJIY executed this Inclusionary Housing Agreement as of the dates set forth below, —Fnd—usiomry FloCs-1—ng _.Aq_riZTi and 7anner4i lip hrviecE. Nip V. 1 2 City orSaniq Ana 75A-92 [Signatures on Following Pages] kow4img —kjroeent --Ownerrhip—Pr-o-joct City of Sputa Ana 75A-93 Page 23 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT MW CITY OF SANTA ANA A California Charter City and Municipal Corporation By: Narne: David Cavazos Its: City MaDNer [late: ATTEST Maria D. Huizar Clerk of the Council APPR VE" T LEGAL FORM: R n 0, H,d e I A 49'Istant 1ty Attorney f City of Santa Ana RECOMMENDED FOR APPRCVAL: Executive Director Community Development Agency Inchmionaty HousIng Agreement - Ownership Pmjad Page 24 Chy of Santa Ana 75A-94 SIGNATURE PAGE TO INCLUISIONARY HOUSING AGREEMENT DEVELOPER: 0 0 1► Its: mm m Its: Date: Flodusionavy H nvO mg Aqmwm or it - Ovin Lrs I i P rralfw;—1 City of Santa Ana 75A-95 Irralusiaciary Nauelnp flhreamafll - CWeneialrfp flrojact City of Sunta Ana 75A -96 Order Number: NHSC-4607804 (29) Page Number: 10 L4*0 1-14 0 *91 ft W1 # I&W Real property In the City of SanLa Aria, County of Orange, State of Californla, described as fDIIQWS; PARCEL 1: (APN: 007-321-04) THAT PORTION OF LOT I OF THE SEPULVEDA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BODY, 31 PAGE 191 OF DEEDS OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE CENTER LINE OF FIRST STREET 984.00 FEEL- WEST OF THE CORNER COMMON 70 SECTIONS 11, 12,13 AND 14 IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO SANTIAGO DE SANTA ANA; THENCE SOUTHERLY 368.00 FEET ALONG THE WESTERLY LINE OFTHC I-AND DESCRIBED IN THE DEED FROM E, M. COLE ET UX, TO 8, S. KERNS, RECORDED MARCH 20, 1894 IN BOOK 69 PAGE 133 OF DEED OF ORANGE COUNTY; THENCE WESTERLY 218.00 FEET PARALLEL WITH THE SAID CENTER LINE OF FIRST STREET, THENCE NORTHERLY 368.00 FEET PARALLEL WITH SAID WESTERLY LINE TO THE SAID CENTER LINE OF FIRST STREET; THENCE EASTERLY 718.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: (APN: 007-321-17) THAT PORTION OF THE SEPULVEDA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN GOOK 31 PAGE(S)_197 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A150 BEING THAT PORTION OF SECTION 14, TOWNSHIP 5 SOUTI-I RANGE 10 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO FEDERATED CONSTRUCTION CO., RECORDED MAY 4, 1955 IN BOOK 3053 PAGE '158 OF I - 1-1-1-1- ....... —.-I ............ - OFFICIAL RECORDS, SAID CORNER LYING IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO RUBY C. KUEBLER, RECORDED NOVEMBER 5, 1935 IN BOOK 786 PAGE 248 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF THE LAND TO KUrBLER 368.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND TO KUrBLER; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND TO KUCBLEII 5ROO FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO PHIL SHANEDLING INVESTMENT CO,, RECORDED JULY 29, 1955 IN BOOK 315171 PAGE 1171 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND TO SHANEDLING INVESTMENT CO., 368 FEET TO THE NORTHERLY LINE OF SAID LAND TO FEDERATED CONSTRUCTION CO., THENCE WESTERLY ALONG SAID NORTHERLY LINE OF FEDERATED CONSTRUCTION CO., 50.00 FEET TO THE POINT OF BEGINNING. PARCEL 3: (APN: 007-321-18) THE PORTION OF LOT t OF TIRE SEPULVEDA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 1, RACE 1.97 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF FIRST STREET DISTANT 12.52 FEET WEST rlfstAtnpi,irm? T(#e 75A-97 Order N3m0er: NHSC-1607804 (29) Page Number: It FROM THE COMMON CORNER OF SECTIONS 11, 12, 13 AND 14 OF TOWNSHIP 5 SOU-n 6, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO SANTIAGO DE SANTA ANA; THENCE SOUTH 368 FEET, THENCE WEST 230 FEET; THENCE NORTH 333 FEET TO THE SOUTH LINE OF FIRST MEET; THENCE EAST 130 FEET; THENCE NORTH 35 FEET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE EAST 43 FEET Of THE NORTI-I 185 FEET THEREOF. &rstkneticdn ritto 75A-98 EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Inc (mblary Housing Agraom+>nt — 0woorship Projuct City of Santa Ana 75A -99 All; IR."Will HOWIS"'M -1 Mimi 75A -100 co C- co 4— ra n 06 LL E L) EXHIBIT 3 INCLUSIONARY HOUSING PLAN Inolvsionaiy Housing Agroomont- Ownership Projr of City of Soma Airy 75A -101 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1N8 (M-20) Santa Ana, CA 02702 (714) 647-6404 www,santio-nna.org OWNERIAPPLICANT INFORMATION Legal Owner West First Pacific, LLC . . 1�19-957-5316 Full narrio of Poeson. Firm or Coilrcration Aroa Code Pligno Number 6861 La Jolla Blvd. La Jolla, CA, 92037 LEL1-9) Mailing Addrm AwCGdo Fay.Number Applicant Tne Olson Cornpany___ —(55Z) 370-2265 Full rorne of Person. ruat oe Corpormm AroaCudo Phone Number Mailing Adams L----1 ArcnCodc Fax Number Contact Person Sandi Gottlieb 0111 LMtheolsoncoxm o _�— Full nerve ol Person, Flan or Cotpradoo Hina; I address 3010 Old Ranch Pkwy,, Stilts 100, Seal Boidi, CA 90740-2751 Mailing Adefma Area Gode Phonf-. Nomhn, Aron Gor[R Mobile Plmm Number MUR-C� six DESCRIPTION Project Olson First & PaofficTownhomes Address: _L5.06t92.L& 15,48 Assessor Paicel Number(s): 007-321.04, W & 18 Total number of units proposed! 62_ Number of Rental Units: NIA Number of For Sale units: 62 Number of 15% Incluslonary obligation, 9,3 Identify the gross livable area of the proposed project (including private balconies, decks and pat!05).101,650 SF habitable, 8,588 SF pifv@o, open space (pipeline project) Will the project be constructed in phases? X Yes No Is a density bonus being requested? Yes No CITY APPROVALS (If applicable) INCLUS[O NARY HOUSING PLAN NO, APPROVIE 0 DPNY Date: ?-'L/7tA�19 Signature :A &' � 1-In4ge 1 of .4 slllmlrlhra'.0 kl jcal-C ounler rofmq+10 oappip'Alior 1110 75A -102 HOUSING ALTERNATIVES Select the applicable alternatives to indicate haw the project will comply with the inctusionafy housing requirement: X tan -site construction of inclusionary units to -lieu fee payment for entire obligation' X In -lieu fee payment for fractional unit (tor the 0 -3 fractional wili) _Sand dedication Note: For development projects with more than 20 units requesting in -lieu fee payment to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable [n- lieu fee is to be provided with this application. Please complete the following table(s) as It applies to your project proposal: PraDosed' Renig ts. �nSLJ9Jcts: . If the ctnoufotion of She number of rn:fulrod Inenrelarvuy hot .ring Units r SL W inn fraction, the dove twor has Ufa op4tyn to (n) provide oil add Wait a] Incluliorary housing unh of (b) pvy an In -Ltnu rep equal to the percentage reprllmted by the fmciiona3 inalusionary housing unk miltipliod byfho applicahlo In -Lieu Fee Page 2 of n $:wta,rrvyiC�orceaFCinrurl•7r Gormn'tir^V. RG6s611on 1116 75A -103 Number of _ Unit Size Number of Number of Very -Low Total Percent Number of (Square Market Rate Low Income Income Number of Total Bedrooms Feet) Units Unfits Units of Units Units Studio - 4 -Total . If the ctnoufotion of She number of rn:fulrod Inenrelarvuy hot .ring Units r SL W inn fraction, the dove twor has Ufa op4tyn to (n) provide oil add Wait a] Incluliorary housing unh of (b) pvy an In -Ltnu rep equal to the percentage reprllmted by the fmciiona3 inalusionary housing unk miltipliod byfho applicahlo In -Lieu Fee Page 2 of n $:wta,rrvyiC�orceaFCinrurl•7r Gormn'tir^V. RG6s611on 1116 75A -103 Proposed Ownership Housing Projects: Number of Unit Size Number Of Number of Total Percent BedroDim SqUare Peat) Market Moderate Number of of Total Rate Units Income Units Units Unit -Studio 4 5 1 58 �2 1 302 1469-2.108 53 3 -4 53 ------ ..Total L9L--- 5? - -- ... Required Exhlbft to the Incluslonary Housing Plan A. LJ Narrative description of the entire project B. ❑ I Site plan that depicts the entire project (minimum 11" x 17"); C. ❑ Depiction of the location of the inclusionary housing units; and 0. [:1 If applicable, a phasing plan that provides for the proportionate number of the total inclusionary housing unit requirement to be built within each phase of the project, E. [I If applicable, provide the In-LieLl Calculation Summary for the project. Page 3 of 75A -104 I hereby certify that I am the legally authorized owner of all property involved in this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc.., as evidenced by separate instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign all ciocrrrrlents related to this application, including any conditions or litigation measures as may be deemed necessary. I declare under penalty of perjury that the foregoing is true and correct. Executed on (sate} at . _. , California v Property Owner's Signature._ �. — Property Owner's Printed Name APPLICANT'S AFFIDAVIT I hereby certify that the statements fr,rmished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and Information presented are true and correct to the hest of my knowledge and belief, Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions., understanding the City of Santa Ana cannot process this form until all applicable information is corrected or provided by the applicant. l hereby certify that t have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant Is required, I declare under penalty of perjuny that the foregoing is true and correct. Executed on (Date) tAc kf�d af ire l�a(A a �a.. California Applicant's Signature el5ot., dri Q Applicant's Printed Name �._ � A tyd�( r' 0 j "� kV P� i ��1 e tai r,�,��� c or V r" a Pige a of 4 B.i'9aprnglCVadc96C,a�nty� �4nnnN14Ji�dpr9caClun 1115 75A -105 At.rrzitaRD'Y TO MOCM FNTIVIAMMU TEAS A:ir1I-10RI 'Y TO PROCESS ENTITLEMiii` TS (the "Authorization ") is offaativo as of - f,,Gtr+ n� 7 7,1115, attd %s tnsdc by WEST I i17ST PACII TC, i L.C, oa Gal'tfaiuia limited lisdaility company ( "Clwncr' ") ofreal proporty louatad at 1.5 {)6, 1571 and 15+18 West. First Street in the C by of Santa Aria, County of Orango, State of Califorma. Owenor hereby autboriaos Olson Land Opportuaitias, LLC, aDolawaro limited liability con parry or its assignee ( "Developer") with lunited pawers to nigh„ lice and process with the City of Santa Ana ("City") appliaationu for governmental and other entitlomeutas, pertuits and dovelopincut uuthodmilons with the City for tho development of the Peoporty in acoordaaoo vilth it dovelopsncat plan oreatod by Developer in its solo discretion, including but uat limited to (a) tentative and final tract map(:"), fono, gonoml plan anddlor specific, plan auaendancnls, and (b) grading, sail oxpaort, Improvement and model plans. Nothing herein Shalt eutitic tho Dovolopor to grant any lateraat in the Property. This authorization shall be effcotiva immediately as of the data hnroof and shall expire on the oarlier to occur of (a) rvrittun notice of tcrininalitns of this aAuthoriaatlou sent by the Owner to the City; or (&a) one. (1) year from tho date hereof: dame: a d a"L� u Title. _ 2afrPr Name, 15110: 75A -106 AUTHORITY 7"C7l'[iOCPSIS ENTI,ri..Rlmu rSS IIHIS AUIFHOF I lY TO Tt(k LSS I NWITI' EIVlONTS, (the "A lit horirrrtloll") is crreathe at nC n t " 2M, ind is nuida by .1ri r RRST PACIFIC, [A,C:, a clkl'iruinto Iiinlic 8ta nttty eantpt iy ( "owim j or real pkoperty Iwacnted at 006 1524 md. 1.5 +I8 West Firm Street in the (,'fly ot'Santa Ana, (.'[runty zr.l'Ormyu, 5tnte of Calli`urnle. Owncr her0ly nutlirn5-ras OLSON URBAN HOUSiNG, C.LX, n Delawano limit d habIlRy comptuiy or Its mmIgiaCC WhIl iintlted pnnvcrs is sign, file aind prrocr,81 sn "itir tine City or Stunla Aui C CITY") amllivarons to governnncantat and +otber oil . ill tenic tits, perini(s and 41CVelatmilmll awhoriza't[tins WWI tlAw"City l'or Ella Hievel7pme.111 of the limpfrly in necordmir6 whin a dovolopraent pntntt [4mm(od by i. ?cwdapar Ill, Its soh: disoretton, inclu lab but not limited to (a) tomAIvc and roull treat map(s), zone, ecncix+l' plan andfor spulfic plan aaitandinmi ,rind (b) grading, soil export, inrpkr wmeat and modal plans, otth'sng,1wreltt 41101 enul(re slue Doveloper to gratis wily inlormi In the. Propcety, "This atithoriaation small bu crtectivu Ieurnadintaly as tar tha daw� hereof acid shall expire oll the carlicr cc) occur of (tk) vrveitten nDlicc a f" 4crtnhtatlatn orthis Authoriaadun sant by the Owner w ih(-, City; or (b) ow C 1) year from (Ike dato heecd. „Cnvn r„ 1~takrat ^; Title: Mciue: 75A -107 ODOM America's Huiwer oriiie Year 01ion First. & Pacific'Towtr }tunics Project Narrative Olson proposes to develop this 2.47 acre site into a homeownership community that tits well within the context of the juxtaposed commercial corridor and residential neighborhood, Three - story for -sale townhomes are planned for the First & Pacific community which will feature five floor plans all with attached two -car garages, ranging from 1,302 to 2,108 square feet at living space (2 13012,.5 BA -- 3 BD13 IBA), The buildings will be designed with Spanish architecture- with differentiated elements and color themes to enhance the character of this community. The building and plan layout will create a defined street presence for the project, while providing private spaces for the homeowners balanced with promoting interaction with the public realm through view corridors along f=irst Street and direct pedestrian access to Pacific Avenue and Walnut Street. This community offers a variety of private and common open space areas tied together with pedestrian pathways, All units offer either two or three bedrooms, each with a private patio andlor deck, A community building with an outside plaza area is provided for the homeowners that will be approximately 850 square feet in size which will be a focal point for the residents. A series of courtyards, greens spaces and green paths throughout the project connect the community to the courtyards and community facility which serve as central gathering places. Our project is considered a 'pipeline " project under the Incltrsionary Housing Ordinance and is eligible to utilize the provisions of the prior Ordinance. Per the Ordinance, we are required to provide 9.3 units for sate to qualifying moderate income buyers (households earning up to 120% of the median). We are proposing to provide 9 units on -site and pay the fractions[ in lleu fee for the 0,3 unit (estimated by City at appx, $25,000). Based on the Ordinance and discussions with the Housing Department, we are proposing to reasonably disperse the affordable homes through -out the building complexes that house the market rate units and include four two - bedroom units and five three - bedroom units. It is a relatively small site and the unit types vary slightly so the specific location of each affordable unit will be comparable. Additionally, they will have the same exterior appearance and same access to amenities as the market rate units. 75A -108 m M :TTVN ` {y i vY.5b P'a� S Y$ Iiii,¢II i� 75A -110 F Y D } } s . fit e ; 3 �� Fury _ V t CS 4 } i ufl a a7 r-U R %i aG 3 t }i V y I 11 TAKE 2 IN -LIEU FEE CALCULATION'- PEVF.LOPER INPUTS OWNERSHIP PROJECTS -15 °fi MC DfRATF INCOME, ItNCLU59CINARY REQUIREMENT HOUSING OPPORTUNITY ORDINANCE SANTA ANA, CALIFORNIA t. I'm ed Descrlatlon A. Project Name R. Project Address 41. On -sue. to Usfona,r,gytl renkenS A. Required Number of Inclusloaary Units Total Project Units Inclnninnary Requki ement a3 %or Total UaIM Total Induslonary Requirement (Round -up} B. inclusionary UnR Distribution T wi- bedroom Units Three - bedroom Units Four - bedroom Units Totots Total Rulldlno Area (Square Feet) III. tSifoSftalrititu G,4ip .aleulgion Two- hedroorn Unify Three- Inadrourn Units Fnnr- bodrocim Units IV. r�{i t,- mryia6jiltu Goo €aiEj"ll y Pao - bedroom Unlls 'I'hree4mir urn Units Fountmdroom I.hrhs Total AffnrdablliLy Gap Ulsan First G Pacific Tuwu hnnte; 1506,1524 & 154R'N.'mst First Street 62 l6'So 9 Required tl of Total Project lodusionary Units % of Total'. Units' Units' 4 5 -4554 7 SR s }3.65% Fr _ JAW. {t.j E7 ]pU.gO°.k 7 SQS,fiSO Restricted Price- Afrordairliity Gap Market Prtces Moderaa tncome' Unit $M1000 S ?810X09 u ;76,000 $382,000 SiOS,Gt7q $76,4010 $n $n AffordahilitV $95 noo 'rota) Avotdow tp Gap) Unit Indusuonary Unit, Gsnp _ po,00p 4. $70,000 $76,40+0 4 $687,600 40 E= =Lwfioo 'otal ln- Lieu Fee` .,�..._._ $95 noo Pff Total Unit $12 R00 Per Inmrne Restrlete[t Wall $R1,SCIo Pef Square Foot of Total Nuildinp Araa ' Thls colurmunust grid np to I I'AMAn. ' multiply t.hr.% cfTotal Unitz times the Total lnduaianar,fdoquln?atu ?nt. EOual to the lower of the di teed Affordable Sales Pricear 20% less than the prajectcti Market Prlcn. The Tov In -Lieu Fee is entunf to the Total Affordab lily Gap. P6-pared hy: Hcyser M81 W111 A'Au"itu:, f llnnanr =.' 21'wa Han1as- URverapef L)wn 1, IICU Feed CalCrltativsn.xlsx; fnninlate v:rg, I at 1 75A -111 59CORM IWGLUSIONARY UVITS in-clAA-slogla(y Housing Agwment -0-nnorshlp aat City of Santa Ana 75A -112 Anticipated Project Schedule* Site Work Permit issuance: September 2016 Construction Start: September /Cctober2016 Grand Opening: April /May 2017 First Closings (including A restricted affordable units ); Cctober /November 2017 Project Completion: Early 2019 *This is an anticipated timeline and variations may occur. 75A -113 EXHIBIT 5 WGMUG C _•• Inelu:Aonary Housing AuraomunP-- OwnershIp Psrojeot Gll,y of 3antla Anti 75A -114 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded W- (Governmeflt Code, �" 6103 and 27383) DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY'S OPTION TO PURCHASE This DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY'S OPTION TO PURCHASE AGREEMENT ( "Inclusionary Housing Covenants Declaration"), dated as of made by and between -- ("Homebuyee') and the CITY OF SANTA ANA ("City"), a charter city and Municipal corporation organized and existing under the Constitution and laws of the State of California, RECITALS A. The Homebuyer is acquiring title to an Inclusionary Unit, which Is more particularly described In Exhibit 1, The Incluslonary Unit was originally constructed as part of a development that was approved by the City subject to the requirement that one or more of the units be designated and maintained as affordable to Moderate Income Households, S. The Ho,mebuyer is a Moderate Income Household as defined in this Inclusionary Housing Covenant Declaration, and meets the eligibility requirements necessary to acquire the Inclusionary Unit as set forth In Section IV of the Administrative Procedures Manual. Covengnis ondaration Fa—qei City of Santa Ana January 2W 75A -115 C. The Homebuyer is acquiring the Inclusionary Unit at the Affordable Sales Price, which is less than the Fair Market Value for the Inclusionary Unit. The Inclusionary Unit is being sold for a reduced price as a direct result of the requirements imposed pursuant to the City's Housing Opportunity Ordinance ("Ordinance"). In consideration for the right to acquire the Inclusionary Unit at a reduced price, the Homebuyer, its successors and assigns agree to enter into, and be bound by, the terms and conditions of this Inclusionary Housing Covenants Declaration. D. The purpose of this Inclusionary Housing Covenants Declaration is to ensure that the Inclusionary Unit is only purchased and occupied by a Moderate Income Household, This Inclusionary Housing Covenants Declaration accomplishes this purpose by, among other things, Imposing conditions an the Owner's future resale of the Inclusionary Unit, and requiring that the Owner maintain the Inclusionary Unit as the Owner's Primary Residence. The Homebuyer is required to execute this Incluslonary Housing Covenants Declaration as a condition of purchasing the Inclusionary Unit. This Incluslonary Housing Covenants Declaration is secured by the City Deed of Trust executed by the Homebuyer. Now, therefore, in consideration of the mutual promises set forth in this Inclusionary Housing Covenants Declaration, the receipt and sufficiency of which is acknowledged by the City and the Homebuyer, the Parties agree as follows: fn-lu5ioriary Housing 0monanis Dodinflon ®rly of Santa Aria 75A -116 Page 2 January 2015 DEFINITION OF TERMS As used in this Inclusionary Housing Covenants Declaration, the terms set forth below shall have the following meanings: Adjusted. Household Size Appropriate for the Unit is based on the H &SC Section 50052.5 definition, and is only used in the Affordable Mousing Cost calculations. For Affordable Housing Cost calculation purposes, the household size is set at one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two- bedroom unit, four persons In the case of a three - bedroom unit, and five persons in the case of a four - bedroom unit. This household size standard is used in the Affordable Housing Cost calculations; it is not an occupancy limit,. Administrative Procedures means the Affordable Ownership blousing Administrative Procedures promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual — Owner Requirements dated January 2015, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file With the City, and shall be provided to each Homebuyer of an Inclusionary Unit, Affordable Housing Cast means the maximum costs that can be borne by Moderate Income Household based on the requirements imposed by H&SC Section 50052.5. The calculation methodology is described In Section VI of the Administrative Procedures Manual. Affordability Period shall be set at 45 years in the Incluslonary Housing Covenant Declaration recorded on legal title to the Inclusionary Unit. The covenant period is set at 45 years fallowing the date of the first sale of the Inclusionary Unit. Affordable Sales Price means the maximum price that can be charged for an Inclusionary Unit, The Affordable Sales Price Is equal to the lesser of; The sum of the supportable Mortgage plus the Benchmark Clown Payment; or tnclusonary Housing Covenants ❑cGaTatinn _ - �-� 9 ryn e 3 CilyofSanCaAna January 2615 75A -117 2. The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to the Inclusionary Housing Agreement, The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly. Assumption Agreement means the Disclosure, Acknowtedgement and Assumption Agreement in the form attached as Exhibit 4 to this Inclusionary Housing Covenants Declaration that shall be entered into between the City and a transferee as a condition of an Exempt Transfer. Benchmark Household Income is used in the Affordable Housing Cost calculations, and is based on the requirements Imposed by H&SC Section 50052.5. For a Moderate Income Household, the Benchmark Household Income is based on 110% of the County Median Income for an Adjusted Household Size Appropriate for the Unit. City means the City of Santa Ana, California. City Deed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration. City Manager means the City Manager of the City of Santa Ana. City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 - Section 11 of this Inclusionary Housing Covenants Declaration. City's Share of Excess Proceeds means 50% of the Excess Proceeds generated under an Extraordinary Sale, The City's Share of Excess Proceeds, If received, shall be deposited In the City's Inclusionary Housing Fund. County means the County of Orange, County Median Income shall mean the Median Income adjusted by actual household size as published annually by HCD, for the County. Default means the failure of an Owner to perform any action or covenant required by this Inclusionary Housing Covenants Declaration within the time no—tusla mr-11 Housing sing Covenants Declaration Page 4 Cily of Santa Ana January 2D15 75A -118 period provided herein following notice and opportunity to cure, as set forth in Article: 5 — Section III of this Inclusionary Housing Covenants Declaration. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth In these Administrative Procedures. Excess Proceeds means the difference between the Extraordinary Sales Price and the Affordable Sales Price the Inclusionary Unit at the time of the Extraordinary Sale. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures, Exempt Transfer means the following: A transfer resulting from the death of the Owner; A transfer by the owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit; A transfer of title to a spouse or domestic partner as part of divorce or dissolution proceedings; and 4. A transfer by the Owner into a trust in which the Owner or Owners are beneficiaries, provided that the Owner or Owners continue to maintain the Inclusionary Unit as their primary Residence, 5. A transfer by the Owner of a non - possessory interest in the Property„ such as an easement or license for utilities or other like purposes; the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non-exclusive common area rights of any Owner located In a common interest subdivision development. tt. A condemnation, or conveyance in Ileu of condemnation, that does not preclude the Owner's continued use and occupancy of the Incuslonary Unit, such as a street widening or other Incidental taking that does not preclude continued occupancy of the Inclusionary Unit, or a taking of an interest in a portion of the common area appurtenant to any Inclusionary Unit located in a common Interest development. wilusiooafy Housing C.overiatits pealaretlot, Pape 5- Cltyof Santa Ana Jarmary 2015 75A -119 Exhibits The following exhibits are attached to this Inclusionary Housing Covenants Declaration and incorporated herein by this reference: 1. Exhibit 1: Property Description 2. Exhibit 2: Occupancy Recertification Form 3. Exhibit 3: Notice of Intent to Transfer 4. Exhibit 4: Assumption Agreement 5. Exhibit 5: Notice of Intent to Sell 6, Exhibit 6: Notice of Extraordinary Sale Extraordinary Sale means a sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser, when an Eligible Purchaser has not been secured within the timeframes required by this Inalusionary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the tlmeframes allowed pursuant to this Inclusionary Housing Covenants declaration. Extraordinary Sates Price means the gross sales proceeds generated by an Extraordinary Sales executed under the terms included In Article 3 - Section III of this Inclusionary Housing Covenants Declaration. Fair Market Value means the value of the Inclusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. Gross Household Income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12- month period following the date of the determination of Gross Income. The applicable sources of income are defined In California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: 1. Except as provided in subdivision (2), all payments from all sources received by the head of Household (even If temporarily absent) and each additional member of the Household who is not a minor shall be included In the annual income of a Household. Gross Income shall include, but not be limited to: __ - --- - _....._._ Incluslnnary Nausin� Cc+verrunCS �aohratirnt Pale G Illy of Santa lino January 2015 75A -120 a, The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; The net income from operation of a business or profession or from rental' or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); C. Interest and dividends; The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay, Public Assistance, if the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of; The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus ii. The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing In the dwelling; h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living In the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); 1. Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of Inciusionary Housing Gn +rananlsDeuaraticaii -- Page 7 Oily, of Sarita. Ana January 2l'? €5 75A -121 the not Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following Items shall not be considered as income: a. Casual, sporadic or irregular gifts; b, Amounts which are specifically for or in reimbursement of the cost of medical expenses; C, Lump-sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be Included in income; e. The special pay to a serviceman head of a Household away from home and exposed to hostile fire; Relocation payments made pursuant to federal, state, or local relocation law; Foster child care payments; h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is In excess of the amount actually charged the eligible Household: Payments received pursuant to participation in the following volunteer programs under the: InCInSiOnIfy HOUMnq COW8119rlt� city of Santa Ana 75A -122 Ngo 11 jmxjary "16 National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs, €i. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). Homebuyer means an Eligible Purchaser that has executed an agreement to purchase an Incluslonary Unit. Homebuyer Purchase Price means the means the original price paid by the Homebuyer to purchase the Incluslonary Unit, exclusive of any closing or transaction costs. The Homebuyer Purchase Price shall not exceed the Affordable Sales Price. HCD means the California Housing and Community Development Department, H&SC shall mean the California Health and Safety Code. Household means all the persons who will occupy the Incluslonary Unit as their Primary Residence. A child who is subject to a legally- binding shared- custody agreement, in which the child resides with the Household at least 60% of the time, Is counted as a member of the Household. Excluded from the definition of Household are live -in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household, Inclusionary Housing Covenants Declaration means this Declaration of Inclusionary Housing Covenants, Conditions and Restrictions. Inclusionary Housing Fund means a separate fund of the City which Is codified in Article XVIII.1 Section 41 -1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to low and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Incluslonary Housing Covenants t}caclara;lnn Pace 9 City of 5eiita Aria Jarnuary 2015 75A -123 Inclusionary Unit means a home in Santa Ana that is made affordable by an Inclusionary Housing Covenant Declaration that restricts ownership, occupancy and the Affordable Sales Price as described in the Administrative Procedures Manual. Median Income is calculated by HCD using non-aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa Ana is Orange County. Moderate Income refers to Households whose Incomes meet the standards defined by the H&SC Section 50093. Generally, Moderate Income means household income that does not exceed '120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income, Not Resale Proceeds means the Resale Price for the Inclusionary Unit minus the following amounts and costs In the following priority order: 1 Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; 2. Brokerage commissions and similar transaction costs; and 3. Repayment of the outstanding balance of the Senior Loan. Notice of Extraordinary Sale means the form provided in Exhibit 6 to this Inclusionary Housing Covenants Declaration. Notice of Intent to Sell means the form provided in Exhibit 5 to this Inclusionary Housing Covenants Declaration. Notice of Intent to Transfer means the form provided in Exhibit 3 to this Inclusionary Housing Covenants Declaration. Ordinance means the Housing Opportunity Ordinance adopted 'by the City Council on November 28, 2011, which is codified in Article XV111.1 Section 41- 1900 at seq. of the City's Municipal Code, The Ordinance was amended by the Ftid-Ldonary Houmig Covenants 0nrlarwlon pAge 10 Cily of Swito Aria January 20I5 75A -124 City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885. Owner means the current owner of an Inclusionary Unit. Party and Parties mean the City and the H'omebuyer as parties to the Inclusionary Housing Covenants Declaration. Permitted Sale's are defined as a sale to an Eligible Purchaser or a sale executed under the City's Purchase Option. Primary Residence is defined as the only home that may be owned by the Owner,. The Owner must reside in the Inclusionary Unit for not less than 10 out of every 12 months.. Program Director has the day -to -day authority for making determinations related to the Ordinance and Administrative Procedures Manual, The Program Director will be appointed by the Executive Director. Prohibited Sales and Transfers are defined as any sale or transfer that is not explicitly allowed by this Inclusionary Housing Covenants Declaration, Prohibited Transfers specifically include any transfer of a use, rental or leasehold interest in the Inclusionary Unit. Project means the owner- occupied housing project proposed to be developed on the Property at the Developer's We cost and expense. Project CC &Rs means the Declaration of Covenants, Conditions and Restrictions of the Project recorded or to be recorded against the entirety of the Property and applicable to the Inclusionary Unit and the Homebuyer. Property means the real property on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to the Inclusionary Housing Agreement, Recordation Date means the date of recording In the Official Records of the County of Orange, California of the City Deed of Trust and the Inclusionary Housing Covenants Declaration. Resale means the resale of the Inclusionary Unit by the Owner. Prior to the Resale of the Inclusionary Unit, the Owner must submit a Notice of Resale to the City as set forth In Exhibit 4 to this Inclusionary Housing Covenants Declaration, - -- — tnc?wainirykrry Flaavein j Crnren<'rnts beclaratlon _. Page 11 City of Santa Ana January 2615 75A -125 Resale Price is defined as the lesser of the Fair Market Value or the Affordable Sales Price. Seller means the current Owner of the Incluslonary Unit in the context of the sale of the Inclusionary Unit. Senior Lender means a bank, savings and loan association, insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engaged in making residential real estate loans. Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Inclusionary Unit, or a refinancing approved by the City, which loan is in a lien position prior to this Inclusionary Housing Covenants Declaration. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate, See Section VI-13 of the Administrative Procedures Manual for an explanation of the calculation methodology, Transfer shall mean any sale, transfer, lease, exchange, assignment or conveyance of an Inclusionary Unit, including any portion or Interest in an Inclusionary Unit or other disposition of any interest in an Inclusionary Unit, whether voluntary or involuntary. I mr—A I sin w qrY Hok I gi 1'4) GDVOT I a r I lb Dodar Ili —on Papa 12 City of Santa Alin Jnnuw 2015 75A -126 F,17 • _ FiUMUN =02 Owner Acknowledgments and Agreements: Owner hereby acknowledges and agrees that taking title to the Inclusionary Unit shall constitute Owner's acknowledgment of and agreement to the following: I. Occupancy Requirements I -A. The Owner shall occupy and continually use the Inclusionary Unit as the Owner's Pdrnary Residence during the Affordability Period. On an annual basis, the Inclusionary Program iDirector will send the Owner an Occupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt, The Owner shall affirm that they are occupying the Inclusionary Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process. I -I3. If an Owner vacates the Inclusionary Unit, or for any reason does not continue to occupy the Inclusionary Unit as its Primary Residence, the City may declare the Owner in Default pursuant to Article 1- Section l of this lnclusionary Housing Covenants Declaration, and exercise any or all of its rights and remedies hereunder, Including without limitation the City's Purchase Option pursuant to Article 3 - Section Ii of this Inclusionary Housing Covenants Declaration. It. Resale and Transfer Restrictions II -A, The lnclusionary Unit is being acquired by the Homebuyer at a cost that Is below the Fair Market Value for the Inclusionary Unit, and that such Inclusionary Unit Is subject to resale restrictions and the City's Purchase Option contained in this Inclusionary Housing Covenants Declaration. Any resale or transfer of the Inclusionary Unit in violation of this Incluslonary Housing Covenants Declaration shall be voidable by the City. II -13. The Owner's right to resell the Inclusionary Unit at the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase the Inclusionary Unit from the Owner at the Affordable Sales Price, Irrclusiantary Hausinp Covenants i7eclarat16n - � Page I3 City of Santa Aria January 2015 75A -127 11-C. The Inclusionary Unit will not necessarily appreciate in value during the duration of its ownership, and the Affordable Sales Price may decrease from the amount the Owner paid to acquire the Inclusionary Unit, Thus, when the Owner resells the Inclusionary Unit, the sales proceeds received by the Owner may be less than the amount the Owner paid to acquire the Inclusionary Unit. 0-113. In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or pursuant to a foreclosure sale, the Owner must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50%) of the difference between the Affordable Sales Price and the Not Resale Proceeds received from the sale of the Inclusionary Unit. Ill. Refinancing Limits 111 -A. The Owner is not permitted to refinance a Senior Loan for more than the outstanding principal amount of the Senior Loan, plus the cost of Qualified Capital Improvements, plus the customary fees and costs associated with obtaining the new' enior Loan. However, in no event can the refinanced Senior Loan be set at an amount that exceeds the then current Supportable Mortgage. Ill-B. If an Owner refinances the Senior Loan In violation of the requirements Imposed in the Administrative Procedures Manual and this Incluslonary Housing Covenants Declaration, the City may declare the Owner in Default pursuant to Article I - Section Ill of this Inclusionary Housing Covenants Declaration, and exercise any or all of its rights and remedies hereunder. 1��EZLO� The Inclusionary Unit is subject to the Project CC&Rs, The Homebuyer acknowledges and agrees that the Homebuyer is obligated to comply with all of the terms, conditions, covenants and restrictions set forth in the Project CC&Rs, Uy of Santa Ami 75A -128 — ge 1 �- - ra January 2016 k w Exempt Transfers of the Inclusionary Unit The following transfer procedures apply to Exempt Transfers: I -A. Transfer by Inheritance: If an Exempt Transfer is made by Inheritance or rights of survival, the trustee, executor or new Owner shall notify the City in writing of the change in ownership of the Incluslonary Unit within 20 days of such event giving rise to such Exempt Transfer. 2, Any such transferee shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust. The trustee, executor or new Owner shalt execute, acknowledge and deliver to the City, within such 45 -day period, an Assumption Agreement whereby the transferee agrees to be bound by such documents. 3. The failure to notify the City in writing and execute an Assumption Agreement within the timeframes requlred by this Section shall constitute a Default; provided that such transferee shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust notwithstanding its failure to deliver such executed and recordable Assumption Agreement, 1' -t3. Other Exempt Transfers. If the Owner desires to transfer the Inclusionary Unit by an Exempt Transfer other than inheritance, the Owner shall provide the City with a Notice of Intent to Transfer in the form attached as Exhibit 3 to this Inclusionary Housing Covenants Declaration, together with any other documentation the City may reasonably request in order to ensure that the transfer is an Exempt Transfer. Notice of Intent to Transfer— Exempt Transfer In the case of an Exempt Transfer, this Inclusionary Housing Covenants Declaration Imposes the following noticing obligations on the City and the Owner: [I-A. City Obligations: lrrpiuslunary Housino Cov[;rranis Uealaratian Nve 15 City of Santa Am January 2015 75A -129 The City shall have 45 days after receipt by the City of a Notice of Intent to Transfer and other documentation to deliver written notice to the Owner that the City either approves the transfer as an Exempt Transfer or disapproves the transfer. 2. The transfer shall be deemed an Exempt Transfer if the City fails to disapprove the proposed transfer within such 45-day period, fl-B. Owner Obligations: The Owner shall complete the Exempt Transfer, Including recordation of all applicable documents, within 60 days after receipt of approval, or deemed approval, of the transfer. Any such transferee of the fee interest in the Inclusionary Unit shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust as the Owner and, as a condition to the conveyance of the Inclusionary Unit, shall execute, acknowledge and deliver to the City an Assumption Agreement. 3. The failure to comply with the requirements of this Section in undertaking any transfer of the Inclusionary Unit shall constitute a Default; provided that any transferee of the Inclusionary Unit shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Deed of Trust as the Owner notwithstanding Its failure to deliver such executed and recordable Assumption Agreement. Ill. Transfer of the Incluslonary Unit without the City's Approval Ill-A. If the City determines that a proposed transfer is a Prohibited Transfer, the Owner shall not transfer the [nclusionary Unit. III-B. Any transfer of an Inclusionary Unit without the City's approval shall be voldalolle. In addition to all other rights and remedies the City may have under this Inclusionary Housing Covenants Declaration, the City shall have the right to exercise the City's Purchase Option. This may be exercised against the transferee or the Owner Linder such Prohibited Transfer. City of Sant i Ana January 2015 75A -130 1. Permitted Sale I-A, Notice of Permitted Sale: If an Owner desires to sell the Incluslonary Unit, the Owner shall provide City with a Notice of Intent to Sell in the form attached as Exhibit 5: Within fifteen (15) business days after receipt of such Notice, City shall provide the Owner with the Affordable Sales Price and the maximum incomes of Eligible Purchasers. 2. The Owner shall market the Incluslonary Unit to Eligible Purchasers for a period of not less than ninety (90) days from providing the Notice. 1 If the Owner is unable to locate an Eligible Purchaser who is ready, willing and able to enter into a purchase agreement for the Inclusloniry Unit within the go-day period: a. The Owner must demonstrate to the Incluslonary Program Director that all reasonable efforts were made to diligently market the Incluslonary Unit. b. If the Inclusionary Program Director determines that adequate marketing efforts were pursued, the City shall have 30 days from after the expiration of the period to exercise City's Purchase Option Linder Article 3 - Section It. C. If the City does not exercise the City's Purchase Option, the Owner may sell the Incluslonary Unit to a buyer is not an Eligible Purchaser under the Extraordinary Sale terms identified in Article 3 - Section Ill. I-B. Inspection and Repair Costs: Upon receipt of a Notice of Intent to Sell, the City shall have the right to inspect the Indusionary Unit to determine whether any violations of applicable laws or ordinances exist. The City may hire a third party to undertake the Inspection, InGWIonory HousIng Govenanli Dodarntion My of Santa MA 75A -131 Pago 17 January 1015 2. The inspection shall take place within fifteen (15) days after receipt of the Notice of Intent to Sell, 3. The City shall undertake the inspection at a reasonable time, and provide the Owner with at least 24 advance notice prior to the inspection, 4. In the event any violations are discovered, within thirty (30) days, the City shall provide the Owner with a written report describing the necessary repairs. 5, The Owner shall have the option to either: a. Repair or replace the items on such report at Owners cost prior to closing, without extending the closing date; or b. At closing, cause the escrow holder to pay the repair costs to the buyer out of Seller's gross proceeds of the sale. 6. If an Owner elects to repair or replace the items on such report, the City shall have the right to re-inspect the Inclusionary Unit after the repairs and/or replacements are complete. if City determines that deficiencies still remain, the Owner shall cause the escrow agent at closing to pay to buyer from Seller's gross proceeds the repair costs in such amounts as the City determines are necessary to complete the remaining repairs and/or replacements. The City's determination shall be final. 1-0. Sales Price: The sale of the Inclusionary Unit pursuant to this Section may only be made to an Eligible Purchaser at a price that does not exceed the lesser of the Affordable Sales Price or the Fair Market Value of the Inclusionary Unit, I-D. At close of escrow, the Eligible Purchaser shall deliver or cause to be delivered into escrow: 1 A Declaration of Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement in substantially the form of this Inclusionary Housing Covenants Declaration, approved by the City, and executed by the City and the Eligible Purchaser, together with a City Deed of Trust securing the obligations thereunder. 1 The required down payment and all documents required by the Eligible Purchaser's Senior Lander. Inchisionory Hokming Ccvnnanl% Dodxi4on city of Sama Ana 75A -132 Pago IS January 2015 I-E. Proceeds from Permitted Sale: To the extent funds are available, the gross proceeds from a Permitted Sale shall be distributed in the following priority: I Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; 2. Brokerage commissions and similar transaction costs; I Repayment of the outstanding balance of the Senior Loan; 4. Reimbursement to the buyer of all repair costs funded by the buyer pursuant to this Section; and 5. Any remaining 8MOLints shall be paid to the Seller, I-F. Personal Property; Any sums paid to an Owner by an Eligible Purchaser for personal property shall not be part of the Affordable Sales Price, Any consideration, of any nature whatsoever, paid by an Eligible Purchaser to the Owner must be fully disclosed to and approved by the City in advance. I-G. Closing: I At closing, the Owner shall convey fee title to the Eligible Purchaser by standard title company form grant deed, 2, The Owner shall cause the title company to issue to the Eligible Purchaser a CLTA standard coverage owner's form of title insurance policy in the amount of the Affordable Sales Price insuring title to the Incluslonary Unit is vested in the Eligible Purchaser, subject to the following exclusions from coverage: a, Current taxes and assessments not yet due; lo. This Incluslonary Housing Covenants Declaration and all documents recorded pursuant to this Inclusionary Housing Covenants Declaration; and c. Such other matters (other than encumbrances created or suffered by the Owner) that were exceptions to title on the date of this [nclusionary Housing Covenants Declaration. page 19 City ol Santa Ana January 2015 75A -133 3. All other closing costs shall be paid by the Seller or the Eligible Purchaser pursuant to the custom in Orange County. 11. City's Purchase Option 11-A. Purchase Option: By taking title to the Incluslonary Unit, the Owner irrevocably grants the City's Purchase Option upon the occurrence of any of the following: I The Owner 1$ unable to identify an Eligible Purchaser pursuant to and within the times set forth in Article 3 - Section 1; Z Any Prohibited Transfer or Prohibited Sale by the Owner; 3. The Owner is in default of the occupancy requirement set forth in Article I — Section 1; and 4. An Event of Default as defined in Article 1: City's Purchase Option shall be in addition to any other remedy provided in this InCILISIonary Housing Covenants Declaration for an Event of Default. b. By taking title to the Incluslonary Unit, the Owner agrees that City's facilitation of the transfers contemplated hereby constitute adequate consideration for the grant of the City's Purchase Option in the Event of Default. 11-8. Procedure Upon Exercise of Option: 1 The City shall exercise the City's Purchase Option by delivering written notice to the Owner (and to transferee, if applicable), 2. Closing of escrow shall occur within 120 days (plus any time delays caused by the Owner), or such additional time as reasonably determined by the City is necessary under the circumstances after the date of the City's written notice exercising the City's Purchase Option. 3. Proceeds from the sale shall be distributed in the manner provided in this Section. Indusionary Fiousimg Covenants Dediralinill Page 20 City of Santa Ana January 2016 75A -134 4. Closing shall occur in the manner provided in this Section, with the City having the rights and responsibilities of the Eligible Purchaser provided thereunder. II -C. Assignment of City's Purchase Option: After the City has exercised the City's Purchase Option, the City may, without the Owner's or transferee's consent, assign the City's Purchase Option to an Eligible Purchaser or to a government or non - profit organization that agrees to be subject to this Inclusionary Housing Covenants Declaration, Such assignment shall not extend any time limits contained in this Inclusionary Housing Covenants Declaration, II-D. Failure to Close: If the City exercises the City's Purchase Option pursuant to this Section, and tails to close escrow pursuant to the identified timeframes, the Owner may conduct an Extraordinary Sale under Article 3 - Section ill. 2. If the City exercises the City's Purchase Option pursuant to a Prohibited Transfer, a Prohibited Sale or an Event of Default, and the City falls to close escrow pursuant to this Section, then the City shall be deemed to retain all remedies available under Article 5 - Section IV. II -E. Power of Attorney: By taking title to the Inclusionary Unit, the Owner grants to the City an irrevocable power of attorney that authorizes the City to act on the Owner's behalf to execute, acknowledge and deliver any and all documents related to the City's Purchase Option, III. Extraordinary Sala The purpose of this Section is to permit the sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser when an Eligible Purchaser has not been secured and the City's Purchase Option has not been exercised, Ill -A. Notice of Extraordinary Sale: The Owner shall notify the City of the Owner's Intent to make an Extraordinary Sale by delivering a Notice of Extraordinary Sale in the form attached as Exhibit 6. The Notice of Extraordinary Sale shall identify the Fair Market Value of the lYaclusionary Unit. inclusirsnary Hounnig Covonapts peclflraYlran City of &wta Aria 75A -135 Page 21 Januarf 2015 2. The Owner shall be required to sell the Inclusionary Unit at a price not less than the Fair Market Value, unless otherwise approved by the City in writing. & All transfer documents relating to the Extraordinary Sale shall be submitted to the City for its review and approval as consistent with the terms of this Incluslonary Housing Covenants Declaration. III-B. Distribution of Proceeds: The Extraordinary Sales Price shall be distributed in the following priority to the extent funds are available: Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; Brokerage commissions and similar transaction costs; 2. Repayment of the outstanding balance of the Senior Loan; 3. Payment to the City of the City Share of Excess Sales Proceeds; and 4. Any remaining amounts shall be paid to the Seller. III-C. Effect of Extraordinary Sate; I Upon the close of escrow for an Extraordinary Sale in compliance with the provisions of this Section, the purchaser shall acquire title to the Incluslonary Unit free and clear of the provisions of this Inclusionary Housing: Covenants Declaration, including the City's Purchase Option. Pursuant to Article 5 - Section 1, and in accordance with this Section, the City agrees to execute, acknowledge and record a release of the InCIUSIonary Unit from the provisions of this Incluslonary Housing Covenants Declaration, 111 -Do Foreclosure Sale: In the event of a foreclosure sale, this Section shall impose the same obligations on the Owner and the City as In an Extraordinary Sale, All references to the "close of escrow" shall be replaced by "foreclosure sale." hdk*iw%ry Hou5-uvg Covenants Doolinfion Page 22 M1 of Santo Am January 2015 75A -136 LENDER PROVISIONS Senior Loan Mortgages, deeds of trust, or any other form of conveyance required for any reasonable method of financing as a Senior Loan are permitted., but only as follows: -A. For the sole purpose of securing a purchase money loan of funds to be used by an Owner for financing the acquisition of the Inclusionary Unit. The Senior Loan must comply with the requirements imposed by Section IV_p of the administrative Procedures Manual; or I -B. For the sole purpose of refinancing a Senior Loan that was obtained by the Owner, and approved by the City, provided that the principal amount of such refinancing shall be limited to the outstanding principal then owed on the existing Senior Loan; plus any customary fees and costs associated with such currant refinancing. 11 -A, This Inclusionary Housing Covenants Declaration shall be subordinate to the Senior Loan, so long as the Senior Lender agrees to the default and foreclosure provisions set forth in this lnclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in Its sole discretion. II -13. M the event the City fails to timely cure a default under such Senior Loan, and the Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inclusionary Unit to Moderate Income Households or otherwise restricting the Senior Lender's ability to sell the Inclusionary Unit based upon income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Incluslonary Unit. II-C. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foreclosure, or deed In lieu of foreclosure, of such Senior Loan shall receive title to the Inclueianary liausing Covaiiants Gaclarallaar� page 23 City of Sm,Aa Ana January 2015 75A -137 Property free and clear from such restrictions. The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. Ill. Default and Foreclosure Ill -A. The City shall record a request for notice of default and any notice of sale under any deed of trust or mortgage with a power of sale encumbering the Inclusionary Unit pursuant to California Civil Code Section 2924b. Whether or not a request for a notice of default is recorded, the Owner shall provide a true and correct copy of any notice of default to the City within three (3) business days of the Owner's receipt. Ill-B. In the event of default and foreclosure, the City shall have the same rights as the Owner to cure any defaults and reinstate the Senior Loan prior to foreclosure sale or the acceptance of a deed in lieu of foreclosure by the Senior Lender. Such reinstatement shall be subject to the same fees, charges and penalties that would otherwise be assessed against the Owner. Nothing herein shall be construed as creating any obligation on the part of the City to cure any such default, nor shall this right to cure and reinstate operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. RI -C. If the trustee set forth in Senior Lender's deed of trust sells the Inclusionary Unit at a foreclosure sale, the proceeds shall be delivered in the following priority to the extent funds are available: Payment of all delinquent assessments, if any, to the extent required by the Project CC &Rs; Payment of all sums due and owing under the Senior Loan, including without limitation the principal amount, interest, fees and costs of sale; 3. Payment to the City of the City Share; of Excess Sales Proceeds; 4. Repayment of all sums due and owing to junior creditors; and 5. Any remaining amounts shall be paid to the Owner. III -D. By taking a loan from a Senior Lender,. the Owner represents that it has provided the Senior Lender with the necessary consent and authorization __ hryclusinnaiy Housing Covenants City of Santa Rrva 75A -138 Page 24 January 2015 to provide a monthly report of the payment status of the Owner and all other financial Information concerning the Owner that the City reasonably requests.. ltl -E. Except as otherwise expressly provided in a City approved subordination agreement, by making a loan to the Owner, Senior Lender grants to the City the option to purchase the Senior Loan from the Senior Lender at any time after the filing of a notice of default under the Senior Loan, but prior to consummation of the foreclosure or the giving of a deed-in -lieu of foreclosure for an amount equal to the entire indebtedness secured by the Senior Lender Deed of Trust: The City may exercise this option by giving Senior Lender written notice of its intent to do so: with respect to a foreclosure, at any time prior to the filing of a notice of sale under the Senior Loan; and with respect to a deed-in-lieu of foreclosure, within ten (10) days after receiving written notice from Senior Lender of Its intent to accept a deed -in -lieu of foreclosure with respect to the Incluslonary Unit. 2, Upon receipt of such written notice from the City, the Senior Lender shall promptly give the City a written statement setting forth the amount of the total indebtedness secured by the Senior Lender Deed of Trust, which shall be the purchase price for the Senior Loan, and a copy of the policy of title insurance insuring the priority and validity of the Senior lender Deed of Trust, 3. Within ten (10) days after the Qty gives such written notice, the City shall establish an escrow at the title company insuring the Senior Lender feed of Trust and concurrently therewith give the Senior Lender written notice thereof, and the City shall deposit the purchase price In such escrow. 4. Within fifteen (15) days after the Senior Lender's receipt of notice of the opening of the escrow, the Senior Lender shall deposit in the escrow: a. the promissory note evidencing the Senior Loran endorsed in favor of the City; _. _ Enchi9itinary I- I ©QESBry Cuvenanfs rleclarE�ticin Paps 2G Cllr of Santa Ana January 2415 75A -139 b. the original of the Senior Lender Deed of Trust; c. an assignment of the Senior Lender Deed of Trust duly executed by the Senior Lender and in recordable form; and cl. all other documents, instruments, agreements, certificates and other items that evidence or secure the Senior Loan. III -F. The Senior Lender and the City shall execute and deliver escrow Instructions and such other documents as may be reasonably necessary or appropriate in connection with such escrow and to implement the intent hereof, HI•G. The escrow holder shall be instructed to close the escrow within two (2) business days after receipt of all such items and upon such close of escrow to issue to the City a CLTA Form No, 104.1 endorsement to the title policy, showing the City as Senior Lender's, assignee with respect to the Senior Lender [Deed of Trust. III-H, The Cfty shall pay the escrow fees (irrespective of whether the escrow closes), recording fees and the premium for the CLTA Form No. 104.1 endorsement, Inclunroniry Housing Covariants, DedaTabon CIry of $anta Aria 75A-140 Face 26 January 2015 ARTICLE 5 I M6101:111111 WAN I. Term of the Inclusionary Hiousing Covenants Declaration This Inclusionary Housing Covenants Declaration shall become effective upon its execution and delivery. Z This Inclusionary Housing Covenants Declaration shall terminate as to the Incluslonary Unit at the earliest of: a, as provided under the terms and conditions of any subordination agreement between a Senior Lender and the City; or b. upon the close of escrow for an Extraordinary Sale; or C. at the end of the Affordability Period, 3, Upon termination of the Affordability Period, on request of the then record Owner of the Property, the City shall execute, acknowledge and record a termination of the Inclusionary Housing Covenants Declaration and the City Deed of Trust. To the extent permitted by law, any unfulfilled obligations of any Owner shall survive the termination of the Inclusionary Housing Covenants Declaration, but it shall no longer affect title to the Property, 11. Maintenance and Use The Owner shall maintain the interior and exclusive use areas of the Inclusionary Unit in a clean, well maintained condition consistent with the neighborhood, as set forth In the Project CC&Rs, 2. The Inclusionary Unit shall be used and occupied by the Owner solely for residential purposes, and in addition to the residential purpose may also be used for any accessory uses that comply with the provisions of the Santa Ana Municipal Code, as it may be amended from time to time. 3. No Owner shall grant use of, rent or lease all or any part of the Inclusionary Unit, but shall occupy the Inclusionary Unit as its Primary Residence. Indusionmy Housing CovenanW Deolaralion page 27 City of Santa Aria January 2015 75A-141 4. The Owner shall comply with all of the use and maintenance provisions and obligations set forth in the Project CC&Rs. 111. Default If the Owner defaults in the performance or observance of any covenant, condition or restriction of the Owner set forth in this Incluslonary Housing Covenants Declaration, and if such default remains uncured for a period of thirty (30) days after written notice has been given by the City (or, If such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), or in the event the Owner has provided false information or documentation required in connection with the purchase or resale of an Inclusionary Unit, then the City may declare an Event of Default has occurred. In that event, the City may exercise any or at[ of its rights or remedies under this Incluslonary Housing Covenants Declaration, including without limitation any or all of the following: by any suit, action or proceeding at law or in equity, require the Owner to perform Its obligations and covenants under this Inclusionary Housing Covenants Declaration or enjoin any unlawful acts; take such other action at law or in equity as may appear necessary or desirable to enforce the Owner's obligations, covenants and agreements; and 3, in addition to the foregoing remedies, in the event that the Owner rents or resells the Incluslonary Unit in violation of this Inclusionary Housing Covenants Declaration, as restitution, the Owner shall forfeit, and the City shall have the right to recover the following monetary amounts: a. If the Owner rents the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, the Owner shall forfeit all monetary amounts obtained through the rental of the incuslonary Unit, b. If the Owner resells the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, the Seller and the new Owner shall be jointly and severally liable to the City for an arnount equal to difference between the Fair Market Value and the Affordable Sales Price for the Incluslonary Unit. However, the —HourFq—c7ov-6Zn—tv, 667r—Awmi on P190 241 City of Sanla Ana January 2015 75A-142 Executive Director has the discretion to allow the Seller and the new Owner to cure a violation of the resale requirements imposed by this Inclusionary Housing Covenants Declaration. All such restitution shall be made to the City. Any funds received by the City under this provision of the inclusionary Housing Covenants Declaration shall be placed In the City's inclusionary Housing Fund. IV. Default Remedies In addition to any other rights or remedies set forth in this Inclusionary Housing Covenants Declaration, or allowed by law or equity, in the event of a default by an Owner of any of the Owner's obligations under this Inclusionary Housing Covenants Declaration, that is not cured within the cure period provided below, the City may apply to a court of competent jurisdiction for specific performance of this Inclusionary Housing Covenants Declaration, or for an injunction prohibiting a proposed resale or transfer in violation of this Inclusionary Housing Covenants Declaration, V, Distribution of Insurance and Condemnation Proceeds If the Inclusionary Unit is condemned or the improvements damaged or destroyed, all proceeds from Insurance or condemnation shall be distributed to the Owner, for purposes of restoring or replacing the Inclusionary Unit, unless the Senior tender Deed of Trust, the City Deed of Trust or the Project CC &Rs provide otherwise. In that case, the Senior tender Deed of Trust, the City Deed of Trust and the Project CC &Rs shall control, in that order of priority. VI. Attorneys' Fees and Casts If any action is brought to enforce the terms of this Inclusionary Housing Covenants Declaration, the prevailing party shall be entitled to reasonable attorneys' tees and costs. VII. Controlling Agreement The Owner covenants that it has not knowingly executed, and will not knowingly execute, without the City's prior written approval, any other agreements with provisions contradictory to or in opposition to the provisions of this Inclusionary Housing Covenants Declaration, Inclualanary Housing Cowrianta D diratian Page ','S- City of Santa Ann January 2015 75A -143 Vill. Severability If any one or more of the provisions contained in this Inclusionary Housing Covenants Declaration for any reason shall be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Inclusionary Housing Covenants Declaration, and this Incluslonary Housing Covenants Declaration shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. IX. Time of the Essence Time is of the essence for this entire Inclusionary Housing Covenants Declaration. Whenever the time for performance falls on a day which Is not a business day, such time for performance shall be extended to the next business day. X. Covenants Running with the Land All provisions of this Inclusionary Housing Covenants Declaration, including the benefits and burdens, are equitable servitudes, run with the land and are binding upon the heirs, successors, assigns and personal representatives of the Owner hereto and inure to the benefit of the City and permitted successors and assigns. The covenants benefit and bind the City, the Inuluslonary Unit and the Owner thereto. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Incluslonary Unit or any interest therein shall conclusively be hold to have been executed, delivered and accepted subject to this Inclusionary Housing Covenants Declaration regardless of whether the other party or parties have actual knowledge of this Inclusionary Housing Covenants Declaration, XI. Construction The rule of strict construction does not apply to this Incluslonary Housing Covenants Declaration. This Inclusionary Housing Covenants Declaration shall be given a reasonable construction to prevent any use of the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine pronouns shall include the feminine and neuter, and vice versa. p2p. M Oty of Santa Ana January 2095 75A-144 X11. Indemnification The Owner agrees to indemnify and hold harmless the City and its respective officers, directors, employees and agents from and against all liabilities, losses, claims, damages, judgments, costs and expenses (including, without limitation, reasonable attorney's fees) Incurred by the City arising out of or relating to any negligent or wrongful action by the Owner with respect to the Inclusionary Unit, The Owner agrees that if any claims, demands, suits or other legal proceedings are made or instituted by any person against the City that arise out of any of the matters relating to this Inclusionary Housing Covenants Declaration, the Owner shall cooperate fully with the City in the defense or other disposition. XIII. Entire Inclusionary Housing Covenants Declaration and Modifications This Inclusionary Housing Covenants Declaration may be modified only in a writing duly signed by the Owner and an authorized agent of the City. The modifications shall become effective when recorded in the official records of Orange County, California. Ir Notwithstanding the following, the Owner acknowledges under this Inclusionary Housing Covenants Declaration that it is expressly prohibited from renting or leasing the Inclusionary Unit, and is required to occupy the Inclusionary Unit as its Primary Residence at all times: The Owner covenants by and for itself, its successors, and its assigns that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, source of income, age, physical or mental handicap, medical condition, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Incluslonary Unit. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. All deeds and contracts made relative to the Inclusionary Unit shall contain or be subject to the following non - discrimination or non - segregation clauses set forth in H &SC Section 33436 in substantially the same form: Ieclusl�n�ry Housing C�nvengryts Cinclavetsgn pggo 31 City of S2nta Ana January 2045 75A -145 a. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12926, 12928.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the [and herein conveyed. The foregoing covenants shall run with the land," b. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d:) of Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed. The foregoing covenants shall run with the land." 1. All notices, demands, requests for approval and other communications provided for in this Inclusionary Housing Covenants Declaration shall be in writing and shall be deemed received if sent to the addresses set forth below: a. on the date of delivery when personally delivered; b. one business day after deposit with a reputable overnight courier or delivery service with all delivery charges paid; or c. date of receipt by party if deposited in the United States first class mail, postage prepaid, registered or certified, return receipt requested. 2, Either party may change its address by notice delivered in the manner specified above. Induslonary Housinq Covenants Dodoration Pdge--32 City of 89nta Ana January 2015 75A-146 If to City, City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 If to Owner: at the Incluslonary Unit address IN WITNESS WHEREOF, the City and the Homebuyer have duly executed this Inclusionary Housing Covenants Declaration as of the dates set forth below. [Signatures on Following Pages] -..Incltisiar+ary hl9tisis�g Cnvariants SSncsar tlaia Pope g3 011y of Santa Ana January 2015 75A -147 SIGNATURE PAGE Em INCLUSIONARY HOUSING COVENANTS DECLARATION APPROVED AS TO LEGAL FORM: M1 Name: City Attorney City of Santa Ana Induslonapy Housing Covenaflt5 Oily of Santo Ana CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation 0 Name: Its: Date: 75A-148 -1%o 34 Jarwity 2015 M9,71VORT47-TTM 19 INCLUSIONARY HOUSING COVENANTS DECLARATION Homebuyer: Ml Name: M Name: 00 Declaration Page 35 City of Santa Ana January 2015 75A-149 ►. ! J is & _ Y .. L [To Be Inserted.] 63clusionzvy Housing Ccrvenevn7s CJdrlaration Property Descrlplion January 2015 75A -150 EXHIBIT 2 OCCUPANCY RECERTIFICATION FORM Inclu irormy Flousln(d Cove iiank4 CPeclara1ian Occupancy Rewrtiflcailon Form January 2015 75A -151 MAIAM"Al Date: Owner(s) Name: Address: We are the Owners of an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose. By this Certification, we declare tinder penalty of perjury that: 1. We currently occupy the Ind usionary Unit; and 2. We have occupied the Inclusionary Unit for at least 10 out of the past 12 months; and 3. We have not used the Inclusionary Unit for any other purpose than as our Primary Residence; and 4. We are not renting or leasing any part of the Inclusionary Unit to another party. We have attached true and accurate copies of two utility bills or other docurnentation evidencing our continued occupancy of the Inclusionary Unit, We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 1001, et sect, [Signatures on the Following Page] hdkI5I0IwPiRmFvng C—wenants —Dodirntlon N198 1- occupancy Rormtffiomfti Fnim January 205 75A -152 Signature: Print Name: Date: Telephone: 61111142%17401.04 HE OCCUPANCY RECERTIFICATION FORM Owner: Nd� Oc.wpancy Recartitication Form Signature: Print Name: Date: Telephone: 75A -153 f5_1q02 January 2015 E {19 : c NOTICE OF INTENT TO TRANSFER IncluMonaiy Housing Duvan;.anis Daolaration Notice of intent to Transfer .lafluary 2315 75A -154 Date To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned —, Owner of the Inclusionary Unit located at _, Santa Ana, California, hereby notifies you of its intent to transfer in compliance with Article 2 of the Incluslonary Housing Covenants Declaration, The reason or circumstances relating to such transfer are as follows: . Any additional information reasonably required regarding the proposed transferee shall be provided to you immediately upon request. The undersigned acknowledges that all applicable time periods under the Incluslonary Housing Covenants Declaration commence only upon the City's receipt of this notice. The undersigned further acknowledges and agrees that any such transfer shall be subject to the provisions of the Inclusionary Housing Covenants Declaration. Owner -Inmki�lonftiy Ffousin C o ovpnants oodarifion Page 1 Notice of intone to Tranrfor January M15 75A -155 C Inclijsamr7y Housing Couecnt Paolar7tirr,r Resumption Agroamont 75A -156 Airiraiy 2015 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk -7o be —recordad willimYt—fea. (Spneo Above This I.Fn—pFof Recordw �sUF6a �ony� (Government Code, q§ 6103 and 27383) DISCLOSURE, ACKNOWLEDGMENT AND AS SUMPTION AGREEMENT THIS DISCLOSURE, ACKNOWLEDGMENT AND ASSUMPTION AGREEMENT (Assumption Agreement) made among ("Owner"), ("Transferee") and the CITY OF SANTA ANA ("City"), A. The Owner Is the current owner of the real property commonly known as —, Santa Ana, California, and now particularly described on Exhibit A, which together with all improvements located thereon is referred to in this Assumption Agreement as the "Incluslonary Unit". 13, The Owner wishes to transfer and convey to the Transferee the Inclusionary Unit, and C. The fnclusionary, Unit is subject to the restrictions applied by the InCIUSlonary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement recorded on , 20—, as Document No. , in the Official Records of Orange County, California (the "Inclusionary Housing Covenants Declaration") that imposes resale controls on the Inclusionary Unit; and InclWonary Housing Govononts Dorhraiion Page I Assumption Agreornarl I January 2015 75A -157 D. The obligations set forth in the Inclusionary Housing Covenants Declaration are secured by a Deed of Trust recorded against the Inclusionary Unit on 20_, as Document No. in the Official Records of Orange County, California (the "City Deed of Trust"), and E. The Transferee is acquiring, the Inclusionary Unit and will assume the obligations of an Owner under the Inclusionary Housing Covenants Declaration and as Trustor under the City Deed of Trust. Capitalized terms used herein, and not defined In this Assumption Agreement, shall have the meanings set forth in the Inclusionary Housing Covenants Declaration and the City Deed of Trust. The parties to this Assumption Agreement agree to the following: The Transferee hereby acknowledges and agrees to the following: The Inclusionary Unit is subject to the Inclusionary Housing Covenants Declaration that are secured by the City Deed of Trust. The Transferee acknowledges that it has received a copy of the Incluslonary Housing Covenants Declaration, and agrees to be bound by all the conditions and covenants contained therein. The Transferee shall occupy and continually use the Inclusionary Unit as the Transferee's Primary Residence during the Affordability Period as defined in the Inclusionary Housing Covenants Declaration. C. The Transferee's right to resell the Inclusionary Unit at the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase the Inclusionary Unit from the Transferee at the Affordable Sales Price: Under a Permitted Sale, the Inclusionary Unit must be sold at the Affordable Sales Price. The Inclusionary Unit will not necessarily appreciate in value during the duration of its ownership, iL In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or p Covenants Decimation Page 2 Assumption Agreement January 2015 75A -158 pursuant to a foreclosure sale, the Transferee must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50%) of the difference between the Affordable Sales Price and the Not Resale Proceeds received from the sale of the Incluslonary Unit. III, Any resale or transfer of the I nclusionary Unit In violation of the Incluslonary Housing Covenants Declaration shall be voidable by the City, The Transferee Is not permitted to refinance a Senior Loan that is secured by the Property for more than the outstanding principal amount of that Senior Loan plus the customary fees and costs associated with obtaining the new Senior Loan. e. The Incluslonary Unit is subject to the Project CC&Rs, The Transferee acknowledges and agrees that it is obligated to comply with all of the terms, conditions, covenants and restrictions set forth in the Project CC&Rs. 3. The City hereby consents to the transfer of the I ncluslonary Unit to the Transferee under a Permitted Transfer as defined in the Incluslonary Housing Covenants Declaration, 4. All questions with respect to the Interpretation of this Assumption Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. 5. This Assumption Agreement shall Inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal re prose ntatives, estates, heirs and legatees of each of the parties hereto, 6, The Transferee hereby grants to the City an irrevocable power of attorney coupled with an Interest to act on Buyer's behalf to execute, acknowledge and deliver any and all docurnents relating to the City's Purchase Option under Article 3 — Section II of the Inclusionary Housing Covenants Declaration. Executed on 20_, at Santa Ana, California. [Signatures on Following Pages] holksionary Hoiminq CavenmU Dodagafon Page 3 ASSur"ption Agreemeni January 2015 75A -159 Cry: 0 m Its: By: SIGNATURE PAGE TO ASSUMPTION AGREEMENT Owner: Date: Transferee. Gate: Hm Date: Attest: Inolumonary Housing Coannarts Dodd (Ioik Assnmpton AOreomerd 75A -160 Page 4— January 2015 ATm9F:jw., LEGAL DESCRIPTION [To Be Inserted,] page imumption Agrapmoni - Lagat Doscription Junuary 2015 75A -161 EXHIBIT'S NOTICE OF INTENT TO SELL -- Pnclueianary Housing Cavanantc t}ectaratlon Notice of (nlent to soil Jarmwy 2016 75A -162 Date To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned_ -, Owner of the Incluslonary Unit located at --, Santa Ana, California, hereby notifies you of its intent to resell the Inclusionary Unit in compliance with the requirements imposed by Article 3 of the Inclusionary Housing Covenants Declaration- The undersigned acknowledges that all applicable time periods under the Incluslonary Housing Covenants Declaration commence only upon the City's receipt of this notice. Owner Caven-onts Doctantion Page I Nofico of Intent to soil Januar/ 2015 75A -163 Inclusianary hlousinI7 Covenants Doclara( inn Notloo of 6ximnec➢nnry Salt) January 2015 75A -164 The undersigned____ , is the Owner of the Inclusionary Unit located at Santa Fan @, California. On 20_, Owner provided City with written notice of its intent to sell the Inclusionary Unit. owner has failed to identify an Eligible Purchaser In accordance with Article 3 -- Section I of the Inclusionary Housing Covenants Declaration, and the City has failed to exercise the City's Purchase Option pursuant to Article 3 — Section 11. Accordingly, Owner hereby notices the City of its intent to make an Extraordinary Sale of the Inclusionary Unit in accordance with Article 3 — Section) III of the Inclusionary Housing Covenants Declaration. Attached herewith is the estimate of the Fair Market Value for the Inclusionary Unit as defined in the Inclusionary Housing Covenants Declaration. Owner hereby acknowledges that the City shall retain City's Purchase Option until the time that Owner has accepted In writing an offer to purchase the Inclusionary Unit from a buyer, and that all applicable time periods for an Extraordlnary Sale under the Agreement commence only upon City's receipt of this Notice, Owner Innluslonary Hm ing Gaannants Declaration pa" I Node- of ExlraordInary ua1+0 January 2045 75A -165 FOUNNUM Inolusionary HousingAgreernent - Ownership Project City of Santa Ana 75A -166 �1�`Y• l Via: �. f�tr "..M '.li '_ r. City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk -- - - - -- Tu he recorded as *thaut fna- (Space AUO�eS This Line For Racnrdar sUse Only) (Government Code, %6163 and 27383) DEED OF TRUST AND SECURITY AGREEMENT There are restrictions on the sate of the Property encumbered by this City peed of Trust, as contained in that certain Inclusionary Housing Covenants, Resale Restrictions and City's Caption to Purchase Agreement ( "Inclusionary Housing Covenants Declaration "). Except for a Transfer to the City of Santa Ana ( "City ") or City's assignee following the City's exercise of the City' Purchase Caption, this Property may only be sold to an Eligible Purchaser at a price not to exceed the defined Affordable Sales Price. The Inclusionary Housing Covenants Declaration also restricts the extent to which this Property may be encumbered by junior financing and limits the Trustor's rights to refinance Senior Loans, THIS GEED OF TRUST AND SECURITY AGREEMENT ( "City deed of Trust ") is made this ____,dayof 20__, among jinsertrra eof 1-1 Trustor ( "Trustor "), whose address is i }need address of Truster), tfnsert name of tine comxaanv7 ( "Trustee "), whose address is [insert address of title company and the City of Santa Ana (referred to variously as "City" or "Beneficiary ") whose address is 20 Civic Center Plaza, California 92701 as Beneficiary, Truster irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor's right, title and interest now awned or hereafter acquired In and to the real properly in the City of Inchisionary Housing Cavanrinfs G7eclara9ri7n - page 1 Pssumption Agreement August 11, 2014 75A -167 Santa Ana, Orange County, California, described on Exhibit 1 attached hereto and incorporated herein by this reference, together with the Improvements constructed thereon and all other property and interests of any kind or character that may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements. A. Truster Is the owner of the Property located at Santa Ana, California and more particularly described in the attached Exhibit A. B. The Trustor's predecessor in interest developed the Property pursuant to the City's Housing Opportunity Ordinance ("Ordinance"), which regulations require developers of ownership housing to construct within their projects units that are affordable to Moderate Income Households. These regulations require the Property to be subjected to restrictions on resale that ensure that the Property remains affordable. C, In connection with the Ordinance, Beneficiary and Trustor entered into a Inclusionary Housing Covenants Declaration dated as of and recorded in the Official Records of Orange County substantially concurrently herewith (capitalized terms used without definition herein have the meaning ascribed to such terms In the Inclusionary Housing Covenants Declaration), D. Pursuant to the Inclusionary Housing Covenants Declaration, the Trustor is obligated, among other requirements, to sell the Property only to Eligible Purchasers at a price not in excess of the Affordable Sales Price. E, The Inclusionary Housing Covenants Declaration also provides that: Trustor Is obligated to notify the Beneficiary of the Truster's intent to sell the Property in order to enable Beneficiary to exercise the City's Purchase Option at the Affordable Sales Price; The Beneficiary may exercise the City's Purchase Option if the Trustor defaults under the InCILIG[onary Housing Covenants Declaration; and —Ii—dusonwy Houa[Flocov,-,oaiiti OF-W.Wition Assumption Agreement 75A -168 --P�IQ12 August 11.20'14 There are restrictions on Trustor's ability to encumber the Property and to refinance the Senior Loans secured by the Property. h�cfinin +urq +I- latrsin� C7rik�snienis [7eckseead €on -- A�s�mnptiskn Agreerneirt 75A -169 RHi,1p � Au9usk 11, 2014 #1 :19 ILI I I Ill ZIPTAUMM As used in this City Deed of Trust, the terms set forth below, shall have the following meanings: Administrative Procedures means the Affordable Ownership Housing Administrative Procedures promulgated by the Executive Director pursuant to the Ordinance, Affordable Housing Cost means the maximum price of an Inclusionary Unit, as calculated under the requirements imposed by H&SC Section 50052.5, The calculation methodology is described In Section VI of the Affordable Ownership Housing Administrative Procedures Manual, Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordable Sales Price means the maximum price that can be charged for an Inclusionary Unit. The Affordable Sales Price Is equal to the lesser of: The sum of the Supportable Mortgage plus the Benchmark Down Payment; or 2. The purchase price prospective buyers are willing to pay In return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 8 to the Inclusionary Housing Agreement. The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly. Benchmark Down Payment is a component of the Affordable Sales Price calculations, For the purposes of the Administrative Procedures, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price, Beneficiary refers to the City as the provider of the City Shared Appreciation Loan, and otherwise defined as the Subordinate Lender, Truster means the person or persons described as the Truster In the introductory paragraph of this City Deed of Trust. Inclusionary Homili a pit s rieciaFet I —on-- Page 4 &-sumption AgreoniLnt August 11, 2014 75A -170 City means the City of Santa Arta, California. City Deed of Trust means a dead of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusionary Housing Covenant Declaration. City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 — Section 11 of the InclusionM Housing Covenants Declaration, Eligible Purchaser shall mean a Homebuyer who meets the eligibility crl'teria set forth in the Administrative Procedures, Exempt Transfer means the following: A transfer resulting from the death of the Owner; 1. A transfer by the Owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit: A transfer of title to a spouse or domestic partner as part of divorce or dissolution proceedings; and A transfer by the Owner into a trust in which the Owner or Owners are beneficiaries, provided that the Owner or Owners continue to maintain the Inclusionary Unit as their Primary Residence, 4, A transfer by the Owner of a non - possessory interest in the Property, such as an easement or license for utilities or other like purposes; the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non - exclusive common area rights of any Owner located in a common interest subdivision development. 5. A condemnation, or conveyance in lieu of condemnation, that does: not preclude the Owner's continued use and occupancy of the Inclusionary Unit, such as a street widening or other Incidental taping that does not preclude continued occupancy of the Inclusionary Unit, or a taking of an Interest In a portion of the common area appurtenant to any Inclusionary Unit located In a common interest development. Extraordinary Sale means a sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser,: when an Eligible Purchaser has not been secured within h7r.143slonar¢ Housing Coven7ntn r7c+ulnrzWtion Assumption Agroameart 75A -171 �page5 Aug i,sf '11, 2014 the timeframes required by this Inciusionary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the timeframes allowed pursuant to this Inciusionary Housing Covenants Declaration Fair Market Value means the value of the Inciusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. H &SG shall mean the California Health and Safety Code Inciusionary Housing Covenants Declaration means the Declaration of Inciusionary Housing Covenants, Conditions and Restrictions. Inciusionary Unit means the completed affordable owner - occupied housing unit, that is being purchased by the Truster. Moderate Income refers to Households whose Incomes meet the standard's defined by the H &SC Section 56693, Generally, Moderate Income means household Income that does noit exceed 126% of the County Median Income, as adjusted for Household size. The maximum household Income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income. Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 7, 2011, which Is codified in Article XVIIIA Section 41- 1 900 at seq. of the City's Municipal Code. Owner means the current owner of the Inciusionary Unit, Primary Residence is defined as the only home that may be owned by the Owner. The Owner must reside In the Inciusionary Unit for not less than 16 out of every 12 months. Property means the real property on which the Project is to be developed, for which the legal description is provided In Exhibit 1 to this City Geed of Trust. Rents means all rents, issues, profits, royalties, revenues, income and other benefits derived from the Property. IncluaSnnary rlaaising i.',�2vsoanps f?eclsraban PA90 0 Assumption Agreement August 11, 2014 75A -172 Senior Lender means a bank, savings and loan association, Insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engaged in making residential real estate loans. Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Inclusionary Unit, or a refinancing approved by the City, which loan Is in a lien position prior to the Inclusionary Housing Covenants Declaration, Supportable Mortgage Means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rata for a 30- year fully amortizing mortgage with a fixed Interest rate, See Section VI-13 of the Administrative Procedures !Manual for an explanation of the calculation methodology. Trustee means the title company that insures title for the Inclusionary Unit that is subject to the City Deed of Trust. Trustor means the Trustor that enters into the City Deed of Trust that secures the City Shared Appreciation Loan, htcluslnna y Housing Covenants Dedararwin Assumption Agrecrnont 75A -173 -- rage August 11, 2014 ARTICLES 1. Grant in Trust. Trustor, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale, all estate, right title and interest which Trustor now has or may later acquire the Property together with all of the following: all improvements now or hereafter located or constructed on the Property and all replacements and additions thereto; all easements, rights of way, appurtenances and other rights used In connection with the Property or as a means of access thereto; all fixtures now or hereafter attached to or used in and about the Property or the improvements located thereon or hereafter located or constructed on the Property, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are„ or shall be attached to the improvements in any manner; and all leases, subleases, licenses and other agreements relating to use or occupancy of the Property„ and all rents or other payments that may now or hereafter accrue or otherwise become payable to or for the benefit of Trustor (whether or not such teases and Rents are permitted by the Inclusionany Housing Covenants Declaration). All of the above- referenced Property, improvements, appurtenance, fixtures and equipment, leases and rents are herein referred to collectively as the "Security " 2. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing payment and performance of the following: (a) the City Share of Excess Proceeds in the event of an Extraordinary Sale or a foreclosure sate; and (b) Trustor's obligations under the term of the Inclusionary Housing Covenants Declaration. 3. Maintenance and Repair. Truster shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in goad and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for Labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary. Inrluslo ix9ry Wuu9inq Ceverwa.n45 C7eolE3ra2ton Assumption Agreement 75A -174 August 11, 2014 4, Insurance. Trustor shall maintain hazard Insurance against loss by fire, hazards included with the term "extended coverage," and any other hazards for which Beneficiary requires insurance, and liability insurance. The Insurance carrier and the insurance policies and amounts of coverage shall set at the full replacement value of the Inclusionary Unit based on the then current City Building Code. The liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated. 5. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this City Deed of Trust. 6. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior to this City Deed of Trust; and (d) upon demand all costs, fees and expenses of this City Deed of Trust. If Trustor falls to make any payment or to do any act provided for in this City Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this City Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this City Creed of Trust; and (Iv) in exercising any such powers, pay allowable expenses, including attorneys' fees. 7. Re!mbursement of Costs. Trustor shall pay upon demand all sums expencled by Beneficiary or Trustee provided for In this City Deed of Trustor allowed by law, with interest from date of expenditure at the maxi- -mum rate allowed by law. IndbOoflary iiOWIlIg CeveWnts DedaraEion Assumption Agreement. 75A -175 - -i5ad: 9 August 11; 201d 8, No Waiver. By accepting payment of any sum after its due date, Beneficiary does net waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay. 9. Reconveyance, That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this City [deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reoonveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." 10, default and Foreclosure. Upon default by Trustor in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record, Beneficiary also shall deposit with Trustee this City Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this City feed of Trust. Upon default of any obligation secured by this City Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this City Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, at sect., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 28139 and 3433, 11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor; Trustee and Beneficiary hereunder, the book and page where this City deed of Trust is recorded and the name and address of the new Trustee. __- Inc�wsienTry'HOtis?nca Covenants l7aclantlon Assumption Agronianl 75A -176 Range 10 August 11, 2014 12. Successors and Assigns. This City Deed of Trust applies to, Inures to the benefit of, and binds all parties hereto„ their heirs, legatees, devisees, administrators, executers, successors and .assigns. The term "Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Incluslonary Housing Covenants Declaration whether or not named as Beneficiary herein. 13. Trustee Acceptance, Trustee accepts this trust when this City Deed of Trust, duly executed and, acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 1.4. Further Assurances. 'Trustor shall, at its awn cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring, conveying, assigning, transferring, and confirming unto'Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter sea to be, or which Trustor may be or may hereafter became bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this City deed of Trust, or for filing, registering, or recording this City Deed of Trust. Trustor shall„ on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments„ to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this City Deed of Trust, and thereafter from time to time, Trustor shall cause this City Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the Bien hereof upon, and the title of Trustee to, the Property encumbered hereby. 15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage In any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and h�lustrnaey Fkau�inr� GtSVa?nrltlSB raciarziFon Assumt Linn Agmenteiirt 75A -177 Page r1 August41,2014 empowers Beneficiary as attorney-in -fact for Truster to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney -in -fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Truster's name, any action or proceeding relating to any condemnation or other taking of all or any pert of the Property, whether direct or indirect, and to settle or compromise any claim In connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or Indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an Interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable taw and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this City Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid, Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require. 16. Seuerabitity. If any one or more of the provisions contained in this City Deed of Trust shall for any reason be held to be Invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this City geed of Trust, but this City Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity. .. __�.. - -- fncluglnnary Hatsinp Ce +;e— nanls C7pcleratien Assumption Agreement 75A -178 Pape 12 August 11, 20114 17. Estoppel Certificate, Trustor shall, within ten (10) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this City peed of Trust and any right of set -off, counterclaim or other defense which exists against such sums and the obligations of this City Deed of Trust. 18. Clue -On -Sale or Encumbrance. Except for Exempt Transfers approved by the Clty, if all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned', pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted by this City Deed of Trust. 19. Subordination. This City Dead of Trust shall be subordinate to the Senior Loan, so long as the Senior Lender agrees to the default and foreclosure provisions set forth in the Inclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in its sole discretion. In the event the City fails to timely cure a default under such Senior Loan, and the Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inclusionary Unit to Moderate income households or otherwise restricting the Senior Lender's ability to sell the Inclusionary Unit based upon Income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Inclusionary Unit. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foreclosure, or deed in lieu of foreclosure, of such Senior Loan shall receive title to the Property free and clear from such restrictions. The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. -- Inclllslorlary 7 -lou5e rg Czavanantt Dewlarafiun ..-- --- '�Pago 93 Assumplfon AgroEment 754 -179 Aups8 11, 2614 The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor "s address hereinbefore set forth. TRUSTOR: By: Name: By: Name: Incl4isionn�y Noising Cnr�nants C1crAaratiorr Pngo 14 Asnamptlon Acpreement August 11, 2094 75A -180 EXHI BIT LEGAL r.. Situated in the State of California, City of Sang Ana, County of Orange, and described as follows; (,Insert legal description] Dew] of Trusi -1. "71 IJescriptwn - - gaga F City of Santa Ana 75A -181 fAdd NotarvAcknowledpmentsi Deed of Trust -- Notary Acknoadedynrnnnts Pa f] a 1 City of Santa Ana 75A -182 I�:#I�TY i7 Inciusionaty Hooslng Agrnorn4nl - Cnnnnrsi�ip Prajecs City & Sama Ana 75A -183 AFfORDARLE SALES PRICE CALCULATIONS MODISRATE INCOME HOUSEHOLDS SECTION 50052.5 CALCULATIONS; 2016 HOUSING OPPORTUNITIES ORDINANCE SANTA ANA, CALIFORNIA Updated April 2016 Prepared bp= Keyser Nar9ion ASSocia lr. 5, In(. File name; 1-190 Affordable. Sale Prim u icuarinn TamplzTF- t)poated April 2616; 2016151 4h Own SA (21 PaEe 1 of 1 75A -184 1 -Rdrm 2 -Rdrrn 3 -8drm 4 -Ddnn Income Rencbmark Household Size 7 3 4 5 Household Income $75,725 $E6,150 $35,920 $163,620 % of Income Allocated to (lousing 35% 35% 35% 35% Income Allotted to l Lousing $2o050 $301220 $33,570 $ ?6,270 OnuolnR Expenses utilities (orange County Hou5ing Authority 3/if26161 Sl,lt4 $1,243 $1,770 $1,992 Maintenance & Insurance 2,30u ?,,400 2,700 3,660 Property Taxes Ca 1.167; of Affordable Price 3,968 4,458 4,888 5,256 Total Expenses $7,277 $8,106 55,364 $16,24$ Income Available for Mortgage $19,678 ;,.22,114 $24,206 $25,622 A #fordable bloustne Price Supportable Mtg @ 3.15% Interest $354,100 5397,900 $435,000 $468,2170 Home Buyer Down Pynet Cal 5% Affordable Price 17,300 19,200 21,100 22,.700 Maximum Purchase Price $371,200 $417,300 $4%,700 $490,900 Updated April 2016 Prepared bp= Keyser Nar9ion ASSocia lr. 5, In(. File name; 1-190 Affordable. Sale Prim u icuarinn TamplzTF- t)poated April 2616; 2016151 4h Own SA (21 PaEe 1 of 1 75A -184 DEVELOPER'S PHASING MAP Inclusfonnry Housing Agreement- ov+nurshlp project City of Santa Ana 75A -185 Ora 75A -186 Si IX Y9 9i9 Yj A U 0 0) Wi ffl 6�� �nNnAV DIJIDVJ Ora 75A -186 4 Si IX Y9 9i9 Yj U 0 0) 4 LEGAL DESCRIPTION OF INCLUSIGNARY UNITS Inrtuaianary hluutir +g P.groe+tt er7t— Ciwnar,hip F }mgecl City of Santa Any 75A -187 75A -188 LS 3,31.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2015 -09, GENERAL PLAN AMENDMENT NO. 2016 -02 AND TENTATIVE TRACT MAP NO. 2016 -02 FOR THE PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET 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 Olson Company is requesting the approval of General Plan Amendment No. 2016 -02 to amend the General Plan land use designation from General Commercial (GC) to Urban Neighborhood (UN) and Tentative Tract Map No. 201602 to allow the construction of the First and Pacific townhome development project that would include 62 for -sale townhomes on a 2.47 - acre parcel of land. B. The Olson Company is proposing to construct the 62 -unit project subject to the City's Housing Opportunity Ordinance, which will require the assignment of 9.3 townhomes as affordable units. C. On April 11, 2016, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: (1) adopt a resolution approving the Mitigation Monitoring and Reporting Program, (2) adopt a resolution approving General Plan Amendment No. 2016 -02, and (3) adopt a resolution approving Tentative Tract Map No. 2016 -02 for the proposed project. D. On May 3, 2016, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Environmental Review No. 2015 -09, General Plan Amendment No. 2016- 02, and Tentative Tract Map No. 2016 -02, 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. EXHIBIT E Resolution No. 2016 -XXX Page 1 of 9 75A -189 E. General Plan Amendment No. 2016 -02 has been filed to amend the General Plan to change the land use designation from General Commercial (GC) to Urban Neighborhood (UN). Currently, the land use designation for this site is General Commercial (GC), which allows commercial developments and uses. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to Urban Neighborhood (UN) with a General Plan floor area ratio of 1.0. 2. The proposed project will support several goals and policies of the Housing Element. First, the project would be 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. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with several Housing Element policies: Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; and Policy HE -2.6 to provide an affordable component within eligible ownership housing projects. 3. 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. 2016 -02 is consistent with the purpose of the general plan. F. Tentative Tract Map No. 2016 -02 has been filed seeking approval of a tentative tract map to allow a single lot subdivision for condominium purposes to allow the townhomes to be for individual sale. To adopt a Tentative Tract Map, California Government Code Section 66474 requires the following findings: Resolution No. 2016 -XXX Page 2 of 9 The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan, The proposed subdivision, Tentative Tract Map No. 2016 -02, will be consistent with the proposed Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan, 75A -190 Land Use Element Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses In the City. Further, Housing Element Policy HE -2.4 encourages projects that facilitate diverse types, prices and sizes of housing and Policy HE -2.6 supports projects that provide an affordable component within eligible ownership housing projects The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the requirements and intent of the provisions of the State of California Subdivision Map Act. Further, the map is in keeping with the Site Plan Review (Development Project No. 2015 -3) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. iii. 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 2.47 acres of land and is physically suitable for the development as proposed. Access to the site will be relocated from First Street, a major arterial, to Walnut Street, a secondary street.. iv. 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. A mitigated negative declaration was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, Resolution No. 2016 -XXX Page 3 of 9 75A -191 the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. V. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term impacts identified in the mitigated negative declaration as it pertains to air quality, cultural resources, soils and liquefaction, hazardous materials and noise can be mitigated to a level of less than significant through the adoption and implementation of specific mitigation measures. vi. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. There is no easement for public access currently existing on this property.. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. Section 2. The City Council has reviewed and considered the information contained in the Initial study and the mitigated negative declaration (MND) and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015 -09, 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, an MND and Mitigation Monitoring and Reporting Program 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 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. 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 Resolution No. 2016 -XXX Page 4 of 9 75A -192 depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Mitigation measures in the Mitigation Monitoring and Reporting Program will prevent any significant adverse effects resulting from removal of existing trees on the project site on wildlife resources or ecological habitats. 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. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A and incorporated herein by this reference as a condition of approval of the project. The City finds that Mitigation Monitoring and Reporting Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015 -09. B. General Plan Amendment No. 2016 -02. C. Tentative Tract Map No. 2016 -02 as conditioned (Exhibit B). These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 3, 2016, 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. 2016 -02) 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 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. Resolution No. 2016 -XXX Page 5 of 9 75A -193 Section 7. These decisions rendered by the City Council of the City of Santa Ana are final and are 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 2016. 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date: Resolution No. 2016 -XXX Page 6 of 9 Clerk of the Council City of Santa Ana 75A -194 Exhibit A California Environmental Quality Act Mitigation and Monitoring Program Resolution No. 2016 -XXX Page 7 of 9 75A -195 A' Lead Agency: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 (714) 667 -2713 Project Proponent: The Olson Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 (562) 596 -4770 Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California 92620 (949) 454 -1800 March 31, 2016 EXHIBIT A 75A -196 1,0 MITIGATION MONITORING AND REPORTING PLAN 1.1 Introduction This is the Mitigation Monitoring and Reporting Plan (MMRP) for the First and Pacific residential 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 the development of 62 three -story attached for -sale residential units in eleven separate buildings on a 2.47 acre site. The project includes four 2- bedroom units and fifty -eight 3- bedroom units at a density of 25.83 units /acre. The existing vacant commercial buildings on the site will be demolished to allow the development of the proposed residential units. 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 compiled 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 (p reconstruction), 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 First and Pacific Residential Project - Mitigated Negative Declaration March 31, 2016 Mitigation Monitoring and Reporting Plan Page t 75A -197 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). First and Pacific Residential Project — Mitigated Negative Declaration March 31, 2016 Mitigation Monitoring and Reporting Plan Page 2 75A -198 c E tia _m (D M Ci. L E C C1 O 'w N L y ' m O p C m C C O 15 (D cr m o OT ..O C'y QU m a m m a o a�� am G) o rue: E� (L O a a C o ` c C c o m O N Q C o'er w.. C_ N : O) O L. U yQ:aj 2 W. h- O 'a d1 O �. O CL U ro U 01 CM _ G. tO UU 'C' O N _ . Q p C C N m 0 ro C) O O o U N .Q O C .m .}` U '> O'er.. V) y„ T7 C U — O) d E a O E O N `) .S m O N '4 ,,r -•.. w_ O >" (' 9 ` O m Z .OU U (D a ro 'S O. N N O m W O. Co . Q Gi � N Y 0 ED 'c N �_ @ .N _YO m Q N N N O 0 CD N 'a O r_ O . ' O :O O c ro C O C C Q m 0 EO, m N N m N � A mN N O N QN Q m oofEm>a)ara (D" m E ro C N am . Q ono �U U '` < 0 ro m E04E oo u-5 to ri o m v E -C 0 CL q' m ` . [L °a a2E m E C o 75A -199 75A-200 co v ttJ C. 0 z CL se aC 0 ME E 0 0 C U) 0) co tm '10� iti O. r C! .2 0. -0' 0 0 ".- c Q C 0 > . . . . . ....... CL 0 m E 2 C C 0 =) 0 0- aCC 2 :3 iE5 tm LL 0 2 w (D Er cl. 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O ro N N @ N O O "`• N .^` O C" Ri ti y M �ro c'°— ;t vM LO ufi ai�m�aabioN �U b° � w-N roN � U�LvO L(U�Ec6 b0"' c0U'.5 GUc 0Nm gm O M CCU a ..' N r i M U b co C N o m N .° N 47 -C N a. L o.3c w O row" .ro cNm 3.,..,m Um 4- ..+ N y 3 '0 V'C.. N O to *'C.... O? N co w. L.. .L.. 0 m' R= 6 b b• N ro tf Q Q t"0 N O 0., o. N ca N (0 N Q U m w,. q., ro •� C6 -lZ O C L N O 6Z 07 U ,U C Q .II �.. 0 .(� C ttS N C c0 3= O ._ p O N U N U !E5 to � UM -C N 4. 4 N N •_ C N- 'p A b b b ro S. C N 7 b Q `^^ k k o m mw vwv._Nm3 o �4.QZ. Ur US U4dnU�UroQ) 1] a OtE 4q� m° w� 75A -201 CL 0 o O c cu 0 < tm — CL (CS Q c O CL Um Um . . . . . . .......... — — — — — — — — — CL t M — o CL E 0 CL CL CL CL B < < E 0 iL 0 a) C 0 CL O V) 0 0) N l0 An E LL 0 0.0 CL CL O 0 z Q) m cp Q) -TZ 0 c 0 --tz P: Q) ca Z:�) a) rj) Q) (D *0 0 � 0 mt-- 0 C, Iz m z Z 0) 'r, -tZ '65 1 i� U) CO Co CL o Q) co co 2Z U -Q Q, Q) U 3m X Q) Q. Q) -0 co a) l) Q 0 a Ei u 4Q 1 '0 1 f� U) 0 a) 0 -Z 'n 0 (D ct� 0 C5 -0 — 0 C6 q) Z,—.cu a) 0 Q) .9z C4 a z CO 0 0 Ei N '0 Q) rz Z, GO) 0 0'. co '5 m C m �z 2 — � 0, �ID (U • 0 CD Z3 'U m T Z3 Q) C 'o U, — E Q) r Co Q) 0) �m 'OD -�4 CZ CU -lZ Im t3 co 10 Cj 7E 0 q) N m x� rn 0 t'+^c. a) S: q Q, -Z I- .0 L" ICU Ql > 0 E 0 z Zjz 75A-202 a 0 cn CL U3 c 0 0 75A -203 N � M N ro N Q i N Z m i0 m cn .l 0 CL mw ro � N rn � c � o Q C m� 0. c O � m m {� N .Q U y o c 0 N 'y m m Q N o O Q U R N 0. O G c C c C C O O 0 CL O 'p O 'z1 61 Win' �m am O G Q. v � O ( b 'O •( Al G O @ O N (D tm 4) 0 p p U k E� — p U roc G. O L U 2 LL I'•' C .LC G m Mom .o c -o ,.., '` .0 O ` (D N m OL Co a e c O N OJ N L.v C q O O.'O 05 E. M �QO} to N O O T C c.fl C 0.��' ~ C Ti N O E ,.."O . c U N r O t0 C p N 07 C O c o N� C OJ O o m c u E m 'O N <'w N ro 0 OU ti N LL `- c C 0 N. O N C O> C1'O O� N N° N C U X �• E ( cn"o c° o,= o "m o m m c C3 N o a c4 ar E N u C a O 4� E tV M m Z — m z 75A -203 N � M N ro N Q i N Z m i0 m cn .l 0 CL mw ro � N rn � c � o Q C m� 0. c O � m m 1y7. \,IlSl VII Tentative Tract Map No. 2016 -02 Conditions of Approval Tentative Tract Map No. 2016 -02 (County Map No. 17979) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2015 -03). 2. The Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 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. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Resolution No, 2016 -XXX Page 8 of 9 75A -204 8. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 9. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscaped plans dated March 16, 2016. The exact specifications for these items are subject to the review and approval of the Planning Division. 10. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 11. Development, operational and maintenance standards shall be established for the number, style and location of outdoor seating. The seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. This seating shall be reviewed and approved in conjunction with the landscape plan and must be submitted prior to building plan check. 12. The project shall be in compliance with all mitigation measures identified in the mitigated negative declaration. B. PUBLIC WORKS AGENCY 1. Prior to submittal into building plan check, submit and receive approval of a Trash Operations Plan and obtain a will serve letter from the City's trash hauler. Resolution No. 2016 -XXX Page 9 of 9 75A -205 75A -206 LS 4.1.16 ORDINANCE NO, NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C -2) AND SINGLE FAMILY RESIDENCE (R -1) TO SPECIFIC DEVELOPMENT NO. 90 (SD -90) (AA NO. 2016 -02) AND ADOPTING SPECIFIC DEVELOPMENT N0. 90 (SD -90) FOR SAID PROPERTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2016 -02 has been filed with the City of Santa Ana to change the zoning district designation of certain real properties located at 1506, 1534 and 1548 West First Street from General Commercial (C -2) and Single - Family Residence (R -1) to Specific Development No. 90 (SD -90). Further, the City is proposing to change the zoning of a parcel located at 1526 West First Street from General Commercial (C -2) to Specific Development No. 90 (SD- 90). The Specific Development No. 90 zoning district (SD -90) would allow the development of the First and Pacific townhome development project, which would include 62 townhomes on a 2.47 acre parcel of land and allow the existing single- family residence to remain. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2016, on Amendment Application No. 2016 -02 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2016 -02, which is consistent with the General Plan, as amended by General Plan Amendment No. 2016 -02. C. This City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 3, 2016. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 3, 2016 accompanying this matter. Exhibit F 75A -207 LS 4.1.16 E. For these reasons, and each of them, Amendment Application No. 2016 -02 is hereby found and determined 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 has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2015 -09) 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. 2015 -09 meets all requirements of CEQA. Section 3. The real properties located at 1506 through 1548 West First Street in Santa Ana are hereby reclassified from General Commercial (C -2) and Single Family Residence (R -1) to Specific Development No. 90 (SD -90). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 90 (SD -90) attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein is approved and adopted in its entirety. Section 5. This ordinance shall not be effective unless and until Resolution No. 2016- (Environmental Review No. 2015 -09 and GPA No. 2016 -02) and Ordinance No. 2016- (Amendment Application No. 2016 -02) are adopted and become effective. If said resolution and 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 6. 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. 75A -208 LS 4. 1.16 ADOPTED this —__ day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: deeea C-- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers 2016. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 , 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -209 LS 4.1.16 Sectional District Map 75A -210 Santa Ana Zoning Designations I Description J1 Community Commercial GC Ginemment Center RE Residential Estate 'I -MO Community Commercial- Museum Olstnct Ml Light Industrial SD Specific Development s C2 General Commercial M2 Heavy Industrial SP Specific Plan 1 CA Planned Shopping Center 0 Open9pace TV Transit Village C5 Aderial Commercial P Professional UC Urban Center CDR Corridor Ri Single - Family Residence UNI Urban Neighborhood l OR Commercial Residential R2 Twc- Family Residence UN2 Urban Neighborhood 2 P s s r ^> PSM South Main Street Commercial District R3 Multiple - Family Residence as c yb G � Ex -HEP mO to 1160. Y� +q 0 500 Pp nME9NO M1vE'P�EVI K-R i EXHIBl Feet TA „P,M1��o,n 75A -211 LS 4.1.1 B r C Specific Development No. 90 (SD -90) 75A -212 SPEC IPIC DEV E L O PNI ENT STANDARDS SPECIFIC DEVELOPMENT PLAN NO. 90 First and Pacific Project SECTION 1— ADDlicability of Ordinance The Specific Development Zoning District No, 90 (SD -90), as authorized by Chapter 41, Division 26, Section 41 -593 et seq., of the Santa Ana Municipal Code, is subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Cade shall apply unless expressly waived or superseded by this ordinance. SECTION 2— Purpose The Specific Development Plan No. 90 for the First and Pacific Project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses Permitted in Specific Development Plan No. 90 The following uses are permitted in the SD -90 zoning district: a. One - family dwellings b. Multiple- family dwellings not exceeding a density of 26 dwelling units /acre. c. Accessory buildings and structures d. Community buildings e. One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used until all units close escrow, f. Home occupations, pursuant to section 41 -192.1 et. seq. of the Santa Ana Municipal Code SECTION 4 • Uses Subject to a Conditional Use Permit in Specific. Development Plan No, 90 Any use which may be permitted in the R -2 district subject to the issuance of a conditional use permit pursuant to section 41 -247.5 may likewise be permitted in the Specific Development Plan No. 90 subject to a conditional use permit SECTION 5 — Minimum Parcel Area in Specific Development Plan No. 90 The minimum parcel area is 2 acres. Existing parcels of land less than 2 acres in size will retain their legal nonconforming status. SECTION 6 — Minimum Street Frontage in Specific Development Plan No. 90 The Project (parcel) shall have a minimum street frontage of at least 200 feet. Existing parcels of land less than 2 acres in size will retain their legal nonconforming status. EXHIBIT B 75A -213 T STAA'DAROS SECTION 7— Building Height in Specific Development Plan No. 90 No primary structure shall exceed forty (40) feet or three (3) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 — Maximum Floor Area Ratio (FAR) in Specific Development Plan No. 90 The maximum FAR in Specific Development Plan No. 90 is 1.0. SECTION 9 —First Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than ten (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 10 — Pacific Avenue setbacks in Specific Development Plan No. 90 There shall be a setback of not less than five (5) feet as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required setback a distance not to exceed three (3) feet. SECTION 11— Walnut Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than tan (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 10 —Side vard setbacks in Specific Development Plan No. 90 A setback of not less than five (5) feet is required as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required side yard setbacks a distance not to exceed three (3) feet. SECTION 12 — Development Standards in Specific Development Plan No. 90 Lots in the SD -90 district shall comply with the following standards a. Front- and street- oriented side yards shall be landscaped, with the exception of approved driveways, utilities, sidewalks, and other hardscape features. b. The perimeter fencing for the structures cannot exceed six (6) feet in height, exclusive of pilasters and any retaining condition, unless otherwise approved by the Planning Division. SECTION 13 — Parking Requirements in Specific Development Plan No. 90 a, The minimum parking requirements for the multifamily dwelling units is two (2) enclosed parking spaces per unit. These spaces shall be in an enclosed garage, either in a side -by -side or tandem. orientation. 75A -214 b. Each parking stall in a two -car garage shall not be less than twenty (20) feet long and nine (9) feet wide. c. A minimum of fifteen (15) guest parking spaces must be provided. Any reduction in guest parking that is due to safety, circulation or other purposes is subject to the approval of the Planning Division. d. All other parking uses shall be pursuant to Santa Ana Municipal Code Chapter 41, Article XV, SECTION 14 — Open Space Standard for Specific Development Plan No. 90 1, The combined common open space provided shall be a minimum of 18,000 square feet. a. Open spaces within the project shall include, at a minimum, the following: 1) BBQs 2) Outdoor seating 3) General landscaping 4) Any other recreational amenities as permitted by the Planning Division 2. Private open space shall be provided for each unit; the total private open space per unit shall be a minimum of seventy -five (75) square feet. 3. If minor modifications are required, increases or reductions in the amount of private or common open space are subject to the approval of the Planning Division. SECTION 15 — Landscape Standards for Specific Development Plan No. 90 In the SD -90 district, all yards shall be landscaped, All landscaping shall be installed pursuant to a landscaping plan approved by the Planning Division. 1, Project Landscaping: a. Landscaping must be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance and local California Water Regulations (AB t 981). b. Irrigation Systems: Landscaping shall have a filly automatic irrigation system, irrigation (including spray and /or drip) shall be provided and installed per California Water regulations and City standards. 2. All meters shall be appropriately screened from public view with trellis work and vines or a hedge -type shrub, or be incorporated into the residential structure. 3. Maintenance: a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code, 3 75A -215 75A -216 � :: �z�.��r�r�.r�ra 75A -218 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Thursday, May 12, 2016 9:38 AM To: Mitre - Ramirez, Norma Cc: Cavazos, David; Carvalho, Sonia R.; Haghani, Hassan; Neal, Candida; Lawrence, Mark; Castro - Cardenas, Julie; Flores, Rosa Subject: ECOMMENTS - Olson Ltr of Support Attachments: Olson Ltr of Support.pdf Letter of support for the packet. From: Magalona, Jocelyn Sent: Thursday, May 12, 2016 8:48 AM To: Huizar, Maria <MHuizar @santa - ana.org> Subject: Olson Ltr of Support Hi Maria, Attached is a letter of support for the Olson project... 75A1219 From: Sandra Gottlieb [ma I Ito: sgottlieb @theolsonco.com] Sent: Monday, April 11, 2016 9:41 AM To: samuel vance; Fregoso, Vince Subject: RE: New Neighbors - e -mail from neighbor on Olson Project Sam ... Thanks so much for this e -mail and for your time and input over the last two years. We are hopeful we will receive approvals so we can bring this new housing community to fruition. I am forwarding your e -mail to our Case Planner Vince f-regoso so that he can include it in the record for our project. Best regards, Sandi Gottlieb From: samuel vance [ mailto :samueljvanceusa@ymail.com] Sent: Friday, April 08, 2016 8:42 PM To: Sandra Gottlieb Subject: New Neighbors Having first moved into this Community in 1969 I have seen many changes. Many of them have been quite negative. I have seen new gangs, acts of violence, the crack epidemic etc, so as the new improvements have evolved I have welcomed each one. I used to think about how nice it would be for the Walnut apartments to go condo . Never did I consider an entirely new development by there though. This goes past my wildest dreams and when viewed as a. compliment to the 88 million Dollar Bristol Project it is just stunning. Not only do we need this development but we need to study it's progress and view it as a prototype for Santa Ana's revitalization . This letter is to be viewed as an open and non confidential correspondence , In touch, Samuel J Vance III DISCLAIMER: Information in this message and its attachments may be privileged or confidential. It is for the exclusive use of the intended recipient(s). If you are not one of the intended recipients, you are hereby informed that any use, disclosure, distribution, and /or copying of this information is strictly prohibited. If you receive this message in error, please notify the sender immediately and delete all copies of this message. We recommend that you scan your Incoming Emails. We cannot accept responsibility for any transmitted viruses. 75A -220 May 17, 2016 City Council Meeting Correspondence WS -A CITY MANAGERS PROPOSED FISCAL YEAR 16 -17 BUDGET Date of Sender /Representative Agency Correst). 1. 04/22/2016 Roger & Shirley Stone 2. 04/22/2016 Edgar Hernandez 3. 04/22/2016 Elsie Robles (Duplicates Rec'd) 4. 04/22/2016 5. 04/23/2016 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 04/23/2016 04/24/2016 04/25/2016 04/25/2016 04/25/2016 04/25/2016 04/26/2016 04/29/2016 05/01/2016 05/10/2016 05/10/2016 05/11/2016 05/11/2016 05/11/2016 05/12/2016 Tanya Campos Elsa V. Amezquita (Duplicates Rec'd) Shane Borrows Salvador Chavez Jenna Beghtol Michelle Gallegos (Duplicates Rec'd) Nancy Gallardo Hilda Aguilar Mickey Chavez Chris Schmidt Pietra gaw Ana G Becky Human Jackie McFarland Armando Arroyo Marlene Pena -Marie Mary Wilson fAAgendas12016 Agen6aMEehibits 2016 - Current MeednM2016 -0517- Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident President Riverview Neighborhood Association Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Windsor Village NA Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident Riverview Neighborhood Association Resident WS -A -2 Alcala, Abigail From: Shirley Stone <shirleystoneahg @hotmail.com> Sent: Friday, April 22, 2016 11:51 AM To: eComment Subject: Riverview Neighborhood Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year C/P). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Roger & Shirley Stone Riverview Neighborhood Association Resident WS 1A -3 Alcala, Abigail From: Edgar Hernandez <edgar @crossmortgage.com> Sent: Friday, April 22, 2016 1:42 PM To: eComment Subject: Riverbed area To those responsible for our parks and bike trails, My concern is what's being done about the growing homelessness problem in the riverbed areas under freeway and street overpasses. Specifically through the bike trails. Drug use and trash are more and more visible each time I ride through it. I'm a Riverview neigborhood resident and every time i use the bike trail between 17th st and Memory Lane, I notice there's more and more homeless in the area. This cannot lead to anything good, and I believe this to be a huge health issue for the homeless and a safety issue for everyone. there's a new bike rest stop /park adjacent to the memory lane, city drive corner and it boggles me how this million dollar project is being built literally 15 feet away from a homeless camp that seems to "shelter" about 20 homeless people. This means that this new park will be contested between the bikers and the homeless that will use it to probably bathe, sleep, and do drugs. If the city and the SAPD don't do anything about it, I can predict the homeless will win over this park. I would like to know what is being done about this, for the sake of our residents, and all our children, we need to maintain the parks safe. Best Regards, Edgar Hernandez WS 1 A -4 Alcala, Abigail From: Riverview na <riverviewna @gmail.com> Sent: Friday, April 22, 2016 10:03 PM To: eComment Subject: Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus fiords allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Elsie Robles President, Riverview NA RiverviewNA.weebl, WS 1A -5 Alcala, Abigail From: Jorge & Elsie <elsie_5 @yahoo.com> Sent: Friday, April 22, 2016 10:04 PM To: eComment Subject: Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Elsie Robles Resident of Riverview Neighborhood WS-A-6 Alcala, Abigail From: Tanya Campos <campos.tee @gmail.com> Sent: Friday, April 22, 2016 10:17 PM To: eComment Subject: Funding for Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the fiends allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds c1f kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Best Regards, Tanya Campos Sent from my Whone WS-A-7 Alcala, Abigail From: The Amezquitas <theamezquitas @yahoo.com> Sent: Saturday, April 23, 2016 1:53 AM To: eComment Subject: Riverview neighborhood Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP ) . At minimum, the Park would greatly benefit from play equipment ($50,000) andpark restroom improvements ($30,000). Elsa V. Amezquita WS lA -8 Alcala, Abigail From: Elsa Amezquita <elsaveronicamedina @yahoo.com> Sent: Saturday, April 23, 2016 1:56 AM To: eComment Subject: Neighborhood Riverview Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CM . At minimum, the Park would greatly benefit from play equipment ($50,000) andpark restroom improvements ($30,000). Elsa V. Amezquita WS-A-91 Alcala, Abigail From: Shane Barrows <sbarrowsl @gmail.com> Sent: Saturday, April 23, 2016 7:33 AM To: eComment Subject: Park Improvement Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Shane Barrows WS -b -10 Alcala, Abigail From: Salvador Chavez <sal.chavez7717 @gmail.com> Sent: Sunday, April 24, 2016 10:30 PM To: eComment Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Basehall at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report -Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). WS -% -11 Alcala, Abigail From: twirl23 @gmail.com on behalf of Jenna Beghtol <jenna.beghtol @gmail.com> Sent: Monday, April 25, 2016 6:44 AM To: eComment Subject: Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident WS -A-12 Alcala, Abigail From: tnmgallegos @gmail.com Sent: Monday, April 25, 2016 9:57 AM To: eComment Subject: Riverview park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CM. At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Michelle Gallegos Riverview Neighborhood Association Resident Sent from my Whone WS -A -13 Alcala, Abigail From: Michelle Gallegos <tnmgallegos @gmail.com> Sent: Wednesday, May 11, 2016 10:54 AM To: eComment Subject: River view park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Michelle Gallegos Riverview Neighborhood Association Resident WS -A -14 Alcala, Abigail From: Gallardo G. <m- acustomwoodworl<s @hotmail.com> Sent: Monday, April 25, 2016 1:02 PM To: eComment Subject: Riverview Neighborhood Hello Mr. Cavazos & City Staff of Santa Ana, I hope you find yourself doing good this morning. Let me begin by thanking you for your commitment to Santa Ana residents, and improving the city. We trust in our officials. On behalf of this letter, I write to you to petition improvements in our neighborhood. My name is Nancy Gallardo, and I reside in the west part of Santa Ana in the Riverview Neighborhood (17th St & Alona). Our neighborhood Association "RIVERVIEW" has been active in the past few years. We fundraise for our yearly "4th of July block party" and other small events for the neighborhood. Additionally, our neighborhood has meetings and use "Yahoo Groups" to communicate w/ each other pertaining to dumpster days, fundraising events, suspicious behavior in our streets, etc. This year with the help of residents, we were able to voice our need and get our sidewalks ADA approved for wheelchair bound folks. This was a success because indeed we have many residents with walking disabilities and benefit from ramps. With funds being a crucial step to improve our park, among the following are items we would like to see implemented: 1. Concrete Trash Bins in the Picnic Area & Baseball Stands. (a total of 5 -6) *The current trash collectors are "plastic ", very flimsy, and outdated. *SA Pony Baseball is the heart of our park where kids /families gather on the weekdays /weekends. *We definitely need sturdy trash bins there, they will last a long time as well. 2. Park Signs w/ Basic Rules to Follow - I've seen park signs at other parks w/ the rules, but for some reason not at Riverview Park. Park Rules will give park users guidelines to follow and not abuse park privileges. We want to make the park safe, and currently homeless frequent there and make it they're living quarters. I know we have a city wide "homeless problem ", but we also are tax payers and want to build property value in our neighborhood to attract buyers. Some Rules can be: - Picnic area- Reservations are highly recommended- please call (714) 571 -4233. - Trash- Place all your trash in the bins and keep it clean for the next user. -Call Police or Park Ranger if you see any Illegal /Suspicious Activity. WS -A -15 3. Restrooms - The Restrooms unfortunately are in a very "poor state ". I've lived in Riverview since I was a young child (30 years in the area), and very few improvements have been made. Being that its a public restroom, you get the homeless and careless teens vandalizing it. The restroom is very old looking, could possibly be mistaken for a "prison restroom ". What it needs is literally a facelift: new sinks, new wall partitions, new hand dryers, new lighting, new toilets, fresh paint. Restrooms should be locked in the night so that they don't get vandalized as well. Signs inside the restroom that say "you will be fined if caught vandalizing" would be a great suggestion. *Again, making the park an ideal place to visit for our neighbors will improve Supporting us with Park improvements is Ron Ono from Parks & Recreation whom has given us estimates and projected times. He has met with a resident in our neighborhood and have discusses some key elements. This is how serious we are about wanting Riverview Park to be improved. We know it may take some time to get the aforementioned in effect; however, we are willing to work with city staff officials. Thank you and I hope to hear from you. Regards, Nancy Gallardo WS -A -16 Alcala, Abigail From: Hilda Aguilar <hilda.aguilar30 @gmail.com> Sent: Monday, April 25, 2016 3:04 PM To: eComment Subject: Riverview Neighborhood Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). WS -A -17 Alcala, Abigail From: Mickey Chavez <rnickey.chavez1990 @yahoo.com> Sent: Tuesday, April 26, 2016 6:27 PM To: eComment Subject: Riverview Neighborhood Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono Is 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly beneftt from play equipment ($50,000) and park restroom improvements ($30,000). WS -A -18 Alcala, Abigail From: Chris S <chris714oc @gmail.com> Sent: Friday, April 29, 2016 1:18 PM To: eComment Cc: Martinez, Michele; Sarmiento, Vicente; Reyna, Roman; Ono, Ron Subject: Question on the $SOOk for Segerstrom High School in the proposed city budget Attachments: Joint_Use_Segerstrom.jpg; Segerstrom_Turf.JPG; Sege rstromTurf2.JPG; God i nez_Syntheti c_Tu rf.J PG City manager Cavazos, On page 48 of the 2016/17 city budget presentation, there is a line item for $500K to be allocated to Segerstrom High School. I'm not aware of any city residents or neighborhoods asking the city for those funds to be allocated to Segerstrom HS. Who specifically requested $500K from the city's 2016/17 budget for synthetic turf and rubberized track installation at Segerstrom High School? I would like to point out the following: 1. The synthetic turf has already been installed at Segerstrom HS. Pics attached. 2. Currently there is no Joint -Use agreement between the city of Santa Ana and SAUSD for Segerstrom HS. 3. In 2015, the city proposed allocating $525K for synthetic turf installation for the Joint -Use facility at Centennial Park and Godinez HS but those funds were never approved. I'm not sure why the city would allocate $500k to a SAUSD property which was just built 10 years ago when there are multiple city Parks and Rec. projects that would benefit from the use of these funds. I would greatly appreciate if the city would reconsider allocating the $500K to purchasing and staffing a bookmobile equipped with computers for the city's Library to use. Our city Library had a bookmobile that served neighborhoods throughout the city for many years, but it was sold as surplus during the city's financial crisis. A bookmobile equipped with computers would . better serve the entire city, and help bridge the digital - divide with the youth in our city. It would also meet several of the city's strategic plan objectives: WS -A -19 Goal #2 — Youth, Education, and Recreation Objective 3. Expand use of technology as a tool for communication and education in the community. Goal #5 - Community Health, Livability, Engagement & Sustainability Objective 6. Focus projects and programs on improving the health and wellness of all residents. Kind regards, Chris Schmidt Windsor Village NA WS -d -20 Alcala, Abigail From: Pietra Gaw <p3gees @att.net> Sent: Sunday, May 01, 2016 3:24 PM To: eComment Subject: Riverview Park Sirs, As a resident of the Riverview Neighborhood, I am petitioning for more funds for further improvement to our neighborhood park. More play equipment and restroom improvements are needed. Pietra Gaw 1702 W. Santa Clara Ave. Santa Ana, CA 92706 Sent from Mail for Windows 10 WS -A -21 Alcala, Abigail From: Ana G <ag182320 @grnaiI.corn> Sent: Tuesday, May 10, 2016 10:34 PM To: eComment Subject: Riverview Neighborhood Association Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident Sent from my Whone WS -A -22 Alcala, Abigail From: Becky Human <beckyhumanmtbc @googlemail.com> Sent: Tuesday, May 10, 2016 11:14 PM To: eComment Subject: Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2 01 612 01 7 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident Becky Human, MT -BC WS -A -23 Alcala, Abigail From: Locke or Jackie McFarland <the.mcfarlands @sbcglobal.net> Sent: Wednesday, May 11, 2016 7:26 AM To: eComment Subject: Riverview Park funding Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident, Jackie McFarland Sent from Yahoo Mail on Android WS -A -24 Alcala, Abigail From: Armando Arroyo <arroyom29 @gmail.com> Sent: Wednesday, May 11, 2016 8:04 AM To: eComment Dear Honorable Mr. Mayor and Members of the City Council, I Pave in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident Thank You Armando WS -A -25 Alcala, Abigail From: Marlene Pena -Marin <ninasbaila @sbcglobal.net> Sent: Wednesday, May 11, 2016 12:59 PM To: eComment Subject: Riverview Park Enhancements Dear Honorable Mr. Mayor and Members of the City Council, I live in the Riverview neighborhood of Northern Santa Ana. I write to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum, the Park would greatly benefit from play equipment ($50,000) and park restroom improvements ($30,000). Very Truly Yours, Riverview Neighborhood Association Resident Marlene Pena -Marin WS -b -26 Alcala, Abigail From: Mary Wilson <sasaint @gmail.comn Sent: Thursday, May 12, 2016 10:54 AM To: eComment Subject: Funds for Riverview Park Dear Honorable Mr. Mayor and Members of the City Council, First, I want to thank you once again on behalf of myself, my granddaughter and all others in our neighborhood who are in wheelchairs, and all the parents and grandparents who push their little ones in strollers, for fixing the curb corners in Riverview neighborhood. At this time I am writing to request further funding for Riverview Park in connection with the ongoing 2016/2017 Budget Process. My neighbors and I sincerely appreciate the funds allocated last budget cycle, including surplus funds allocated last fall, in excess of $100,000. But our park still needs more. At this time, for Riverview N.A., the hundreds of kids that play in the Santa Ana Pony Baseball at Riverview Park, and the thousands of Santa Ana residents that use Riverview Park, we ask that you direct the City Manager and Park and Recreations to allocate additional funding at this time for deferred maintenance as outlined in Ron Ono's 2015 Report - Unfunded Deferred Maintenance (Seven Year CIP). At minimum the Park would greatly benefit from play equipment ($50,000) and nark restroom improvements ($30,000). Very Truly Yours, Mary Wilson Riverview Neighborhood Association Resident WS -A -27 WS -A -28