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FULL PACKET_2018-05-15
MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER APRIL 25, 2018 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 4:25 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem (6:03 P.M.)* P. DAVID BENAVIDES VICENTE SARMIENTO (5:55 P.M.) JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Mayor Pulido, Councilmembers Benavides, Solorio and Villegas. *TELECONFERENCE: Pursuant to Government Code Section 54953(b), Mayor Pro Tem Martinez participated in a portion of the meeting via teleconference from Andaz Watt Street Hotel, 75 Wall St., New York, NY 10005. The Agenda for said meeting was posted at said location as required by the Brown Act. PUBLIC COMMENTS - • Peter A. Katz, encouraged City Council to pursue lawsuit to allow Judge Carter to expand jurisdiction over all 34 cities; expressed the importance of all cities finding space in their respective cities and provide full Wraparound services. CITY COUNCIL MINUTES 1 APRIL 25, 2018 10A-1 • Abigail Aleman, cited article from the O. C. Register, regarding homeless services and the Sober Living homes that are operating illegally. • Tim Johnson, thanked City Council for vote at last month's meeting, implored Council to expand lawsuit to include all cities; and requested that Council define proportionality as expressed by Judge Carter. • Vincent Pham, attended meeting with son and encouraged council to unite all cities and fine a resolution to the homeless issue. Expressed that the City is in a state of crisis and an opportunity to make a change exists. RECESSED AT 6:01 P.M. TO ROOM 147. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. The Orange County Catholic Worker, et al. v City of Santa Ana United States District Court for the Central District of CA (S.D.), Case No.: 8:17 — cv-01340 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case — Potential Action Against Multiple parties. City Council authorized staff to file a cross complaint against all cities in Orange County and the County of Orange over the impact of homelessness in the City of Santa Ana, by a 6-0 vote (Tinajero absent). CLOSED SESSION REPORT - The City Attorney reported out on Item 2 of said Closed Session Meeting. ADJOURNED - 6:33 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 APRIL 25, 2018 10A-2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 15, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:00 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:08 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO (5:15 P.M.) JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council AGENDA ITEM ADDED Pursuant to Government Code Section 54954.2 (b), there was a need to take immediate action on an item and the need for action came to the attention of the local agency subsequent to the posting of the agenda; City Attorney Carvalho requested that the following item be added to the Agenda: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: d. Theresa Le v. City of Santa Ana; Maria Huizar, Clerk of the Council, Orange County Superior Court, Case No. 30-2018-00988425-CU-CR-CJC MOTION: It was moved by Councilmember Benavides, seconded by Mayor Pro Tem Martinez, to add emergency item to Closed Session Agenda. Motion carried 5-0 (Pulido and Tinajero absent). CITY COUNCIL MINUTES 1 MAY 1, 2018 1OB-1 PUBLIC COMMENTS - None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2015-00771129-CU-WM-CJC b. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18 -0155 -DOC (KESx) c. Rush, et al. v. City of Santa Ana, et al. (Case No. 30 -2018 -00984776 -CU - W M-CJC) *Councilmember Tinajero left the Closed Session meeting at 5:44 p.m. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 1126 E. Washington Ave, Santa Ana, CA (APN 398-092-14); 1.43 acres Owner: Housing Authority of the City of Santa Ana Negotiators: City Manager Raul Godinez II Negotiating with: County of Orange/Swinerton Builders Terms: Potential terms of Lease or License Agreement 3. PUBLIC EMPLOYEE — PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 4. PUBLIC EMPLOYEE APPOINTMENTS pursuant to Section 54957(b)(1) of the Government Code: Title: Public Works Agency Director 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): CITY COUNCIL MINUTES 2 MAY 1, 2018 10 B-2 Agency Negotiator: Steven Pham, Executive Director of Personnel Services Employee Organizations: Santa Ana Police Officers Association (POA) CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. J ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION. AT 6:40 P.M. CITY COUNCIL MINUTES 3 MAY 1, 2018 10 B-3 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:43 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (7:21 P.M.) JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council STEPHANIE MEZA, SIERRA PREPARATORY ACADEMY BOB BARNETT, POLICE CHAPLAIN • PROCLAMATION presented by COUNCILMEMBER BENAVIDES naming May as Mental Health Awareness Month. • PROCLAMATION presented by COUNCILMEMBER SARMIENTO naming May as Water Awareness Month and recognizing Drinking Water Week. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Monica Robles in recognition of contributions to the community. CLOSED SESSION REPORT- See Agenda Item 19A for reportable action. PUBLIC COMMENTS — Non -agenda and agendized items CITY COUNCIL MINUTES 4 MAY 1, 2018 10 B-4 • Dale Helvig, thanked Sgt. Blake for his efforts in assisting with Park Santiago clean up events. Noted recent home invasion robberies in the community. Expressed opposition to 2525 Main Street development. • Cesar Medina, spoke an Agenda Item 20B, expressed gratitude for approval of fence and restroom project. • Francine Harris, spoke an Agenda Item 20B, on behalf of Santa Ana Senior Advisory Board, thanked City Council for approving the fence and restroom project. • Michael O'Valla, on behalf of Park Santiago Neighborhood Association, expressed opposition to 2525 Main Street development. Opined need to keep OC Needle Exchange program out of the city, more attention needed at parks; approval of 2525 Main Street development would result in three years of construction, will become a haven for homeless, and increase crime. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 25D, with the following modifications: o Councilmember Sarmiento abstained on Agenda Item 11A; o Mayor Pulido abstained on Agenda Item I IA; o Mayor Pro Tem Martinez dissented on Agenda Item 22A, 25C, and 25D; o Councilmember Benavides pulled Agenda Item 17A and 20B for separate discussion. MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: ABSENT: emoved for separate MINUTES SECOND: Benavides Benavides, Martinez, Pulido Sarmiento, Solodo, Villegas (6) None (0) None (0) Tinajero (1) or modified are ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 17, 2018 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 1 OB -5 MAY 1, 2018 ORDINANCES/SECOND READING 11A. ADOPT ORDINANCE AMENDMENT NO. 2018-02 TO AMEND CERTAIN SECTIONS OF CHAPTERS 8, 18, AND 40 OF THE SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND DISTRIBUTION ACTIVITIES AND TO AMEND CERTAIN CODE ENFORCEMENT PROCEDURES RELATING TO UTILITY SHUTOFFS {STRATEGIC PLAN NOS. 5, 1) - Clerk of the Council Office - Clerk of the Council Office Placed on first reading at the April 17, 2018 City Council meeting and approved by a vote of 5-0 (Pulido absent and Sarmiento abstained). Published in the Orange County Reporter on April 20, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2944 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND DISTRIBUTION ACTIVITIES FOR MEDICINAL AND ADULT -USE PURPOSES, AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE MUNICIPAL CODE, AND AMENDING CERTAIN SECTIONS OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CODE ENFORCEMENT Mayor Pulido and Councilmember Sarmiento abstained on Agenda Item 11A. NOTICE OF PUBLIC HEARINGS 12A. RESOLUTION OF INTENT TO VACATE PORTIONS OF BAKER STREET, BERKELEY STREET, AND OCCIDENTAL STREET - ABANDONMENT NO. 18- 02, MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 21 - Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE PORTIONS OF BAKER STREET, BERKELEY STREET, AND OCCIDENTAL STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 18-02) 2. Set a public hearing for June 5, 2018. CITY COUNCIL MINUTES 6 MAY 1, 2018 10 B-6 12B. RESOLUTION OF INTENT TO VACATE PORTION OF PUBLIC ALLEY AND BUSH STREET - ABANDONMENT NO. 18-01, THE HAMPTON INN HOTEL PROJECT {STRATEGIC PLAN NO. 3, 21 - Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 18- 01) 2. Set a public hearing for June 5, 2018. BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE REGULAR MEETING OF THE YOUTH, EDUCATION AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE, JANUARY 22, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. FINAL TRACT MAP NOTIFICATIONS t17A`RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 18055 BY CITY ENGINEER, AND APPROVE A PUBLIC RIGHT -OF- WAY MAINTENANCE AGREEMENT WITH SHEA HOMES (2001 WEST MACARTHUR BOULEVARD STRATEGIC PLAN NO. 3, 2 -Public Works Agency Councilmember Benavides, asked consideration in holding back on gated communities. Opined gated communities creates a separation, less sense of community and need to discuss planning of future gated communities before approval. Requested staff to follow up with future projects. MOTION. 1. Receive and file certification and approval of Final Tract Map No. 18055 by the City Engineer. 2. Authorize the City Manager and Clerk of the Council to execute a public right-of-way maintenance agreement with the Developer, Shea Homes Limited Partnership, a California limited partnership, subject to non - CITY COUNCIL MINUTES 7 MAY 1, 2018 10 B-7 substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-121). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2015-00771129-CU-WM-CJC MOTION. City Council agreed to a settlement in the amount $350,000 by a vote of 6-0 vote (Tinajero abstained). b. Rush, et al. v. City of Santa Ana, et al. (Case No. 30-2018-00984776-CU- WM-CJC) MOTION: City Council declined to pay attorney's fees in said case by a vote of 4-1 vote (Pulido abstained, Tinajero absent, and Villegas dissented). 19B. EXCUSED ABSENCES — None 19C. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2018 — MARCH 2018 STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on April 11, 2018 by a vote of 6-0 (Frazier and Ramos absent). MOTION: Receive and file. CITY COUNCIL MINUTES 8 ' woo MAY 1, 2018 19D. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM (CIP) EXECUTIVE REPORT FOR APRIL 2018 {STRATEGIC PLAN NO. 5, 11 - Public Works Agency The CIP Executive Summary Schedule is available on the City's website at: http://www.santa- ana.org/pwa/documents/ExecutiveMonthlyCI PUpdateApril2018.pdf MOTION: Receive and file. 19E. RECEIVE AND FILE HOMELESS SERVICES QUARTERLY REPORT FOR FEBRUARY 2018 THROUGH APRIL 2018 {STRATEGIC PLAN NO. 1,6; 5,4; 5,6} - City Manager's Office MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT, AUTHORIZE COOPERATIVE COST REIMBURSEMENT AGREEMENT, AND AWARD CONTRACT TO EBS GENERAL ENGINEERING, INC., FOR CONSTRUCTION OF WESTMINSTER AVENUE IMPROVEMENTS FROM HARBOR BOULEVARD TO FAIRVIEW STREET (PROJECT NOS. 15-6825 & 18-6902) {STRATEGIC PLAN NOS. 6, 1 B; 1 C; 1 G} - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements on Westminster Avenue within the Garden Grove jurisdiction from Clinton Street to Nancy Lane, subject to nonsubstantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-111). 2. Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,399,000, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Westminster Avenue Improvement Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,792,237, which includes the contract bid amount, CITY COUNCIL MINUTES 9 MAY 1, 2018 10 B-9 administration, inspection and testing, and an authorized contingency of $139,900. 4. Approve an appropriation adjustment. (Requires rive affirmative votes) a. APPROPRIATION ADJUSTMENT NO. 2018-146 - Recognizing $587,074 in cost reimbursements from the City of Garden Grove into the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account for the Westminster Avenue Improvement Project. b. APPROPRIATION ADJUSTMENT NO. 2018-146 - Appropriating $159,565 from prior year fund balance in the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account. 5. Authorize the reallocation of $173,782 in unspent Fiscal Year 2013-14 Gas Tax Funds and $345,230 in unspent Fiscal Year 2015-16 Measure M2 Local Fairshare Funds from various completed projects to the Westminster Avenue from Harbor Boulevard to Clinton Street Project (Project No. 15-6825, $509,864) and the Westminster Avenue from Clinton Street to Fairview Street Project (Project No. 18-6902, $9,148). i20B. T SPEC. NO. 18 018 APPROVE APPROPRIATION ADJUSTMENT A AWARD PURCHASE ORDER TO P&P DEVELOP INC. FOR INSTALLATI OF A WROUGHT FENCE AT BIRCH PARK STRATEGIC PLAN NO. 5, (Community Development Agency; and Parks Recreation and Commui �________Services)__Finance and Management Services Councilmember Benavides, requested clarification on design of fence and conveyed the need to protect the area, but at the same time the park should continue to be inviting to the public. MOTION 1. Reject the bids from Ace Fence Company, Naka Engineering & Const. Inc., Total Fence Solutions, Inc., and RS Construction & Development Inc. as nonresponsive. All four vendors failed to include the required CDBG documents in their bid. 2. Award a one-time purchase and payment of purchase order to P&P Develop Inc. for purchase and installation of a wrought iron fence in an amount not to exceed $175,000 plus a $17,500 contingency for a total amount not to exceed $192,500, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-142 - Approve an appropriation adjustment recognizing $27,401 in revenue from prior years in the Fees and CITY COUNCIL MINUTES 10 MAY 1, 2018 1OB-10 Donations account, and $45,099 in revenue from prior years in the Residential Development District 2 In Lieu account and appropriating $27,401 in Fees and Donations funds and $45,099 in Residential Development District 2 In Lieu funds. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 20C. SPEC. NO. 18-022 - APPROVE APPROPRIATION ADJUSTMENT AND AWARD PURCHASE ORDER TO P&P DEVELOP INC. FOR A PORTLAND LOO RESTROOM AT BIRCH PARK {STRATEGIC PLAN NO. 5, 4} (Parks Recreation and Community Services) Finance and Management Services MOTION: 1. Award a one-time purchase and payment of purchase order to P&P Develop Inc. for purchase and installation of a Portland Loo restroom in an amount not to exceed $174,000 plus a $17,400 contingency, for a total amount not to exceed $191,400, 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. 2018-143 - Approve an appropriation adjustment recognizing revenue from prior years; $53,941 in the Park Improvement account, $141,891 in the Residential Development District 2 account and $25,568 in the Residential Development District 2 In Lieu account and appropriating $53,941 in Park Improvement funds, $141,891 in Residential Development District 2 funds and $25,568 in Residential Development District 2 In Lieu funds. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 18-007 - AWARD PURCHASE ORDER TO HUNTINGTON BEACH HONDA FOR TWO HONDA PIONEER UTILITY VEHICLES {STRATEGIC PLAN NO. 6, 2} (Police Department) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Huntington Beach Honda for the procurement of two 2017 Honda CITY COUNCIL MINUTES 11 MAY 1, 2018 1OB-11 Pioneer utility vehicles in an amount not to exceed $48,930, subject to non -substantive changes approved by the City Manager and City Attorney. * Mayor Pro Tem Martinez dissented on Agenda Item 22A. 22B. SPEC. NO. 18-011 - AWARD PURCHASE ORDER TO RACEWAY FORD FOR FOUR MAINTENANCE UTILITY TRUCKS (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 21 (Public Works Agency) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Raceway Ford for the purchase of four Ford F-350 trucks with utility body in the amount of $227,415, subject to nonsubstantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 18-015 - AWARD PURCHASE ORDER TO NAKA ENGINEERING & CONST. INC. FOR A FENCE AT THE SANTA ANA LIBRARY {STRATEGIC PLAN NO. 5, 41 (Parks Recreation and Community Services) - Finance and Management Services MOTION: 1. Reject the bid Total Fence Solutions, Inc. as nonresponsive. Vendor unable to supply required gate locks and panic hardware. 2. Award a one-time purchase and payment of purchase order to Naka Engineering & Const. Inc. for the purchase and installation of a decorative fence at the Santa Ana Library in an amount not to exceed $139,700 plus a $13,970 contingency for a total amount not to exceed $153,670, subject to non -substantive changes approved by the City Manager and City Attorney. 22D. SPEC. NO. 18-020 - AWARD PURCHASE ORDER TO GUARANTY CHEVROLET MOTORS, INC. FOR A PARKING METER MAINTENANCE TRUCK (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc., for the procurement of one Chevrolet Colorado truck in the amount of $39,415, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. SPEC. NO. 18-026 - AWARD PURCHASE ORDER TO HARRIS STEEL FENCE CO., INC. FOR FENCE AND BOLLARDS IN THE CIVIC CENTER AREA {STRATEGIC PLAN NO. 5, 4) (Parks Recreation and Community Services) - Finance and Management Services CITY COUNCIL MINUTES 12 MAY 1, 2018 1OB-12 MOTION: Award a one-time purchase and payment of purchase order to Harris Steel Fence Co., Inc. to construct and install a decorative fence and bollards in the Civic Center area in the amount of $78,651 plus a $7,865 contingency, for a total amount not to exceed $86,516, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. APPROVE AN AGREEMENT FOR FEDERALLY COMPLIANT COST ALLOCATION PLAN PREPARATION AND INTERNAL SERVICE FUND ALLOCATION STUDY {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with MGT of America, Inc., for the three-year term beginning May 1, 2018, and expiring on April 30, 2021, with provision for two one- year extensions exercisable by the City Manager and City Attorney, to prepare annual Code of Federal Regulations (CFR) Part 200 compliant Cost Allocation Plans necessary for state and federal grant reimbursement, and an Internal Service Fund Allocation Study, in the amount of $151,825 for the term of the agreement, including any approved extensions, plus a 10 percent contingency of $15,183, for a total amount not to exceed $167,008, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-112). 25B. APPROVE AN AGREEMENT TO PROVIDE FOOD CONCESSION SERVICES AT THE SANTA ANA ZOO {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bean Sprouts, LLC, dba Bean Sprouts to provide food concession services at the Santa Ana Zoo with a 6% revenue share to the City on the first $500,000 (8% revenue share above $500,000) that includes a $8,400 per quarter lease guarantee and an initial investment by Bean Sprouts of $50,000 in capital improvements for the period April 17, 2018 to March 31, 2023, with two, three-year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-113). 25C. APPROVE PROPERTY EXCHANGE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 4 FOR THE PROPERTY LOCATED AT 2201 S. BRISTOL ST. (APN 015-194-23) AND 2205 S. BRISTOL ST. (APN 015-194-24) (PROJECT NO. 116741, NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement for the exchange of Real Property located at 2201 S. Bristol CITY COUNCIL MINUTES 13 MAY 1, 2018 St. (APN 015-194-23) and 2205 S. Bristol St. (APN 015-194-24) with property owner, Victoria Vargas Bastida, in the amount of $325, 000 subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-114). * Mayor Pro Tem Martinez dissented on Agenda Item 25C. 25D. PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Purchase Agreements for the real property acquisition and goodwill (if any) with the property owners listed below, subject to non -substantive changes approved by the City Manager and City Attorney: * Mayor Pro Tem Martinez dissented on Agenda Item 25D. MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) - Council Item MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Orange County Community Foundation in support of on-going educational outreach and resources for Latino youth in Santa Ana, in a one time donation amount of $500 (Councilmember Sarmiento); and CITY COUNCIL MINUTES 14 MAY 1, 2018 1OB-14 Property Property Acquisition Amount AGMT. Owner commonly Type No. known as I location 1. Angelica 315 E. Warner Full $465,000 2018- Higareda Ave. (APN 403- 115 143-14 2. Roberto R. 2245 S Maple St. Full $465,000 2018 - Fernandez (APN 403-144-12) 116 and Lupe Fernandez * Mayor Pro Tem Martinez dissented on Agenda Item 25D. MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) - Council Item MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Orange County Community Foundation in support of on-going educational outreach and resources for Latino youth in Santa Ana, in a one time donation amount of $500 (Councilmember Sarmiento); and CITY COUNCIL MINUTES 14 MAY 1, 2018 1OB-14 b. Orange County Center for Contemporary Arts in support of Boca de Oro Art & Literature Festival that occurred March 3, 2018, in a one-time donation amount of $1,000 (Councilmember Tinajero). **END OF CONSENT CALENDAR** REGULAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII REGULATING AGGRESSIVE AND INTRUSIVE SOLICITATION ORDINANCE IN CHAPTER 10 THE SANTA ANA MUNICIPAL CODE {STRATEGIC PLAN NO. 5, 11 - Police Department Dave Hoen, thanked City Council for unanimously voting to approve litigation against orange county cities to address homeless issues. Expressed concern over aggressive panhandling in Downtown Santa Ana, and need to put teeth on measure to allow police to use discretion to enforce ordinance. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2945 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Solorio Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) 55A. RESOLUTION AUTHORIZING GRANT APPLICATIONS FOR ORANGE COUNTY TRANSPORTATION AUTHORITY OC GO ENVIRONMENTAL CLEANUP PROGRAM (TIER 1, 2018-2019) {STRATEGIC PLAN NO. 5, 6F) - Public Works Agency CITY COUNCIL MINUTES 15 MAY 1, 2018 1OB-15 MOTION. 1. Adopt a resolution. RESOLUTION NO. 2018-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE OC GO, FORMERLY MEASURE M, ENVIRONMENTAL CLEANUP PROGRAM, TIER 1 FISCAL YEAR 2018-19 a. Authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the OC Go, formerly Measure M, Environmental Cleanup Program through the Orange County Transportation Authority, for a total application amount of $500,000; and, if awarded funds, to execute subsequent agreement with the Orange County Transportation Authority for expenditure of funds. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE THE FISCAL YEAR 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) {STRATEGIC PLAN NOS. 2,2; 2,4; 5,4; 5,6) - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on March 28, 2018 by a vote of 4-0 (Cano and Santana absent). Councilmember Solorio, directed staff to reserve sites for the Summer Lights program. City Manager Godinez, noted staff is working on reserving site at EI Salvador Park. Councilmember Villegas, opined need to take a look at Second Chance Orange County. CITY COUNCIL MINUTES 16 MAY 1, 2018 1OB-16 Mayor Pro Tem Martinez, echoed statements made by Councilmember Villegas. Noted Second Chance Orange County provides homeless with jobs and perfect opportunity to help hire homeless. MOTION: Continue consideration of matter to the May 15, 2018 City Council Meeting MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero , Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) 60B. APPROVE THE FISCAL YEAR 2018-2019 EMERGENCY SOLUTIONS GRANTS PROGRAM AND AGREEMENTS FOR FUNDS AWARDED FROM THE UNITED STATES OF HOUSING AND URBAN DEVELOPMENT TO ASSIST SHELTERED AND UNSHELTERED HOMELESS INDIVIDUALS ALONG WITH THOSE AT RISK OF HOMELESSNESS {STRATEGIC PLAN NO. 5, 6) - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on March 28, 2018 by a vote of 4-0 (Cano and Santana absent). MOTION: Continue consideration of matter to the May 15, 2018 City Council Meeting MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero , Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARING AGENDA ITEM 75A TAKEN OUT OF ORDER. CITY COUNCIL MINUTES 17 MAY 1, 2018 1OB-17 75A. PUBLIC HEARING — APPROVE THE FISCAL YEAR 2018 - 2019 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANTS PROGRAM; AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT {STRATEGIC PLAN NO. 5, 1} - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on April 11, 2018 by a vote of 5-0 (Ramos absent). Legal Notice published in the Orange County Register on April 20, 2018. MOTION: Continue consideration of matter to the May 15, 2018 City Council Meeting MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero , Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS - BUSINESS 60C. APPROVE EXCLUSIVE NEGOTIATION AGREEMENT WITH COMMUNITY LAND TRUST THRIVE SANTA ANA, INC. FOR 1901 WEST WALNUT STREET (APN 007-332-08) {STRATEGIC PLAN NO. 5} - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an Exclusive Negotiation Agreement with THRIVE Santa Ana, Inc., for 1901 West Walnut Street, Santa Ana (APN 007- 332-08), for the period of one hundred and eighty (180) consecutive calendar days commencing on May 1, 2018, with an option to extend an additional one hundred and eighty (180) days, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2018-117). MOTION: Martinez VOTE: AYES: NOES: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) CITY COUNCIL MINUTES 18 MAY 1, 2018 1OB-18 ABSTAIN: None (0) ABSENT: None (0) 60D. AGENDA ITEM CONSIDERED OUT OF ORDER. 60E. APPROVE DENSITY BONUS AGREEMENT TO ALLOW A 418 -UNIT AFFORDABLE SENIOR RENTAL COMMUNITY WITH AFRODABLE HOUSING LAND CONSULTANTS, INC. FOR PROJECT AT 2222 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} - Community Development Agency Planning Commission approved the recommended action on September 11, 2017 by a vote of 5-2 (Contreras -Leo and Nguyen dissented). MOTION: Authorize the City Manager and Clerk of the Council to execute a Density Bonus Agreement with Affordable Housing Land Consultants, Inc., or assigns, for a 55 -year term, subject to non -substantive changes approved by the City Manager and City Attorney for the development of a 418 -unit affordable senior rental residential community at 2222 East First Street. MOTION: Villegas SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *AGENDA ITEM 60E RECONSIDERED BELOW. JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. APPROVE REQUEST FOR CONSENT BY JAMBOREE HOUSING CORPORATION TO ACQUIRE LIMITED PARTNER'S INTEREST FOR CORNERSTONE APARTMENTS {STRATEGIC PLAN NO. 4,5} MOTION: Authorize the City Manager and Executive Director of the Housing Authority to approve the request for consent by Jamboree Housing Corporation and/or an affiliate to acquire the Limited Partner's interest in the current project partnership for Cornerstone Apartments at 805 — 904 S. Minnie Street (AGMT. NO. 2018-118). CITY COUNCIL MINUTES 19 MAY 1, 2018 1OB-19 MOTION: Tinajero SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS - BUSINESS AGENDA ITEM 60E RECONSIDERED. 60E. APPROVE DENSITY BONUS AGREEMENT TO ALLOW A 418 -UNIT AFFORDABLE SENIOR RENTAL COMMUNITY WITH AFRODABLE HOUSING LAND CONSULTANTS, INC. FOR PROJECT AT 2222 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} - Community Development Agency Councilmember Benavides, noted City of Santa Ana's letter to California Tax Credit Allocation Committee correcting applicant's misinformation stating City of Santa Ana's $5 million contribution towards project. Expressed concern of misrepresentation from applicant and potential obligation to allocate funds towards project. Requested staff to clarify misrepresentation and inconsistencies made by applicant. Councilmember Martinez motioned to reconsider prior motion. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) City Manager Godinez, noted staff had concerns as to applicant misrepresentation, cities density bonus does not have much discretion, possibility of revisiting how density bonuses are awarded, and need to go on record that no financial commitments have been made towards project, Staff, discussed overview of California Tax Credit Allocation Committee application process, local jurisdiction evaluation, discovery of developer's CITY COUNCIL MINUTES 20 MAY 1, 2018 1 OB -20 indication that City would commit $5 million in finance towards project, and density bonus requirement to receive approval by City Council. Councilmember Solorio, opined staff recommendations are small and not major items, City of Santa Ana's hunger for affordable housing, and project is far along from an entitlement standpoint. Mayor Pro Tem Martinez, noted project consists of 418 units of affordable community housing, City currently has over six thousand units, and many Orange County senior citizens came to Santa Ana because housing was offered. Asked if Santa Ana or county senior population is being housed and requested figures for City of Santa Ana senior population. Councilmember Sarmiento, commented project was originally presented to City Council in tandem with another larger project and community need for family housing. Expressed concern project may be delayed unnecessarily, larger project consisting of family housing may possibly not move forward, project financing is unclear, and senior housing currently at 7%. MOTION: Continue consideration of item to the May 15, 2018 City Council Meeting. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: WORK STUDY SESSIONS SECOND: Tinajero Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) WS -1. UPDATE ON MOBILE VENDING - Planning and Building Agency In the interest of time, City Council agreed to dispense with Agenda Item WS -1 and continued to the May 15, 2018 City Council meeting. WS -2. FISCAL YEAR 2017-18 THIRD QUARTER BUDGET UPDATE AND FISCAL YEAR 2018-19 GENERAL FUND TRIAL BUDGET, FORECAST AND CAPITAL IMPROVEMENT PROGRAM - Finance and Management Services CITY COUNCIL MINUTES 21 MAY 1, 2018 1 OB -21 FY 17-18 3RD QUARTER UPDATE & FY 18-19 GENERAL FUND TRIAL • City Manager Overview • Background & Budget History • FY 17-18 General Fund 3rd Quarter Update • FY 18-19 General Fund Trial Budget Overview • General Fund Financial Trend • FY 18-19 Capital Improvement Program (CIP) • Next Steps z CITY COUNCIL MINUTES 22 MAY 1, 2018 1OB-22 • Be transparent and honest about the problem • Use a comprehensive approach for all funds • Establish a vision, develop a budget that promotes long term sustainability, implement best practices and utilize a combination of cost reductions and revenue increases. 4 • Use a multi-year approach to achieve financial sustainability • Identify core services and focus on funding core services • Provide clear vision and direction from leadership • Engage in a collaborative approach • Prepare a long term financial forecast and plan to achieve stability and sustainability • Focus on funding core services • Identify new ways of delivering city services at lower costs • Identify revenue enhancements • Engage with key stakeholders CITY COUNCIL MINUTES 23 1 OB -23 MAY 1, 2018 nvuee[ tn9 sxn ue SLS SLO fns fae sax sx9 Slrt +Revemet—Ev.dltures em(n1W fa . 1. em—a Ie nx[ a CITY COUNCIL MINUTES —Revenues —Expenditures :461 lass 1443 xa.9 N4A ]35.9 219.] 2m.1 Reel mtinclude: 333.4 0.'amrlrusi4r RotivtUanlnF114.1)$1AtA In Re¢ Gnttnl FfammattlrantterN iY 16U 151Fnt In trry !!fA - Ie55a112 Conunn NfY ISI)I$ILOMIIeRev irJU rm.m R/1f ru.[m 9[br to RFRSe:n°nal Relenmwurcemem 32/2l/36 e4wlmremeemrxn-le 16/38 19(20 m/U � Grexnled at the "44tudy Sermon o/Nay 21, 2016 a a iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiisiiiiiiiiiiiiiii 24 1 OB -24 MAY 1, 2018 MAY 2016 GENERAL FUND FORECAST CITY COUNCIL MINUTES —Revenues —Expenditures :461 lass 1443 xa.9 N4A ]35.9 219.] 2m.1 Reel mtinclude: 333.4 0.'amrlrusi4r RotivtUanlnF114.1)$1AtA In Re¢ Gnttnl FfammattlrantterN iY 16U 151Fnt In trry !!fA - Ie55a112 Conunn NfY ISI)I$ILOMIIeRev irJU rm.m R/1f ru.[m 9[br to RFRSe:n°nal Relenmwurcemem 32/2l/36 e4wlmremeemrxn-le 16/38 19(20 m/U � Grexnled at the "44tudy Sermon o/Nay 21, 2016 a a iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiisiiiiiiiiiiiiiii 24 1 OB -24 MAY 1, 2018 �. ssm .«u.vw awws .x...ncwnwwn 1.1 CITY COUNCIL MINUTES 25 MAY 1, 2018 1 OB -25 sue 2341 318-0 mo SE6a $viD u4s• we S22a4 Z11.5 sue. 2wa.4 3310 less m $193. Sisal sec ttn rvuu nt4u w�sa rcusr rvu.a cNiY ltaak Ac Y A[Yrh Agnl. {Wr.. Revenues Expenditures 2% 4% �.rn+cR.a �ees�wscry � x3xw..n 9e..mw,:.an 70 �. ssm .«u.vw awws .x...ncwnwwn 1.1 CITY COUNCIL MINUTES 25 MAY 1, 2018 1 OB -25 tai Reresw�ImbAfer USMaDRah, DurewgeRrars USM:rtha&af5cn Diego& e I/%/%%%///. LG9ai41 615J00 9]3n,I6n 1.B54,FY1 SPYstaT S50a6q.OW 61T.C39.8iA J.B1J.351 RtatryW 31.541.0]0 Ze.16S9:5 QYDrt6f1 SD% Ropeigi�YHlcr atYlF 90,9C6.459 15.650151 UUf 2].)an6]0 16659£3(1 Qu911¢r2 0lswsslmTa 11,6i0000 eaSRzas �% xnnlvafM 6r 0,900.000 gOCL359 Qnalier3 Aul Pa.ewe• 12.71T310 =7" 61M[d Lc'Y�cna 9.EW.6n0 ;mso ane,Wrerawna 6amms 52mssJ6 ar.661,i1n a'. 5• , u r el tai Reresw�ImbAfer USMaDRah, DurewgeRrars USM:rtha&af5cn Diego& e I/%/%%%///. LG9ai41 615J00 9]3n,I6n 1.B54,FY1 LJC6.DJ0 019.001 6.515.056 J.B1J.351 t4T616R ;695.565 2R666, 656 mw-— lY;J661J6 69.96716L1 6R91T.S5 425T6A69 a 825'1o,IW T.36L6 15 CITY COUNCIL MINUTES 26 MAY 1, 2018 1 OB -26 ME NJ. Revenue Projected Values $232.2M Expenditure $240.3M Difference ($B.SM) Adult -Use Retail Revenue lenue -June 1018 i $2.0M Projected Year -End Deficit ($6.iM}• ecosedonAdult-Use Revenue& Management oJDepaltmentalExpe s 'jnL 16 GgWta�neys0lfxe 15 E 0 z 0 e�tolmem�am s a o v 0 fbmmimiry D: velopmenl d] 1 ) 8 0 nndnaEfnaw6emenl to 1E a 6 0 S rv¢n NlmmationiKhM106Y lY O eE° 0 Person�lel5ervltn E5 0 5 a 0 Yw�mosewiems A 9 0 4 ]" DaGce Dtpdammll 631 95 0 tR(51811Wd1Y ]d a E 0 t1b5 ks ,W 167 1 d0 s1 0 Q •verr.r;mnmmr Q? 11 Arm lws,.�ev 17 isiiiiiiiiiiisiiiiiiiiiiiiiiiiii/iiiiiiiiiiiiii CITY COUNCIL MINUTES 27 MAY 1, 2018 1 OB -27 NARY FY •18-19 - GENERAL • PRELIMINARY FY I8-19 GENERALFUND BUDGET �tma $17.IM8tidSet Gap' 919z9M Q° $140.8M ' frmf Wn° flpY sIAO {Itl0 � ___ ,E G.5�I of C.aV;.::r:cl�n Fc 16 10r3 ' yJa� 5t_ YSs6sa^ -G"'—TS' 1 aye aoP t • -v* 18 Increases to Base Budget Projected PERS_Increases _ $5.9M _ 2017-18 MOU Increases $3.1M Strategic Plan Funding _ _ $2.5M OCFA & CARE Contract Increases $2.OM .Additional Type II Jail Funding* $1.2M Additional Workers Comp. Funding $1.OM Health Insurance Increases _ _ _ $746K _ Addition of Payroll Manager $150K ''+�-k 'ZBf1-iBiWf dparV3iycarNndUV-Clry CoundfAeuonAu8usf201r 20 Qe �` Structural Deficit ($17.1)* Ongoing Cost Reductions $4.81M Ongoing Revenue Increases $3.1M Use of Unallocated Fund Balance $6.9M Use of One -Time Revenue $250K Remaining Deficit ($2.OSM)** 'Original deficit of 918.9M plus $150K for new Payroll Managerpo]IDDn **Maybe addressed bypreseryingthe $99M use of unellocatedfund balance in FY 2017-18 '� d/ ii CITY COUNCIL MINUTES 28 MAY 1, 2018 1 OB -28 Structural Deficit ($17.1)' Ongoing Cost Reductions $4.8M Ongoing Revenue Increases $3.IM Use of Unallocated Fund Balance $6.9M Use of One -Time Revenue $250K Remaining Deficit ($2.OSM)"" 'Original deficit of $16.9M plus $150K for new Payroll Manager position —Maybe addressed by preserving the S93M use of unallowed fund balance in FY 2017-18 py 21 Ongoing Cost Reductions $4.8M • Departmental Budget Impacts IsmNsi • Cost Saving Strategics 14ma:yaw:-SLSMI • Reducing Strategic Plan Funding Level ISrooKI • PERS Safety Prepayment Savings tMK) Ongoing Revenue Increases $3.1M • Commercial Cannabis (sz,6n3: u3 ar weinlsdamounr) User Fee Study (54asu panwlvew) A�' • Advertising/Marketing Opportunities (51aoK ta,pmyscanommendanonl 22 . �r///////////////!///////!///////////////////////I PRELIMINARY DEPARTMENTAL aY Police Department: $137M • Ongoing Cost Reductions! $883K • SI}It9eeY6ct dtislrinCmt 5Fur4+el'+OA)IMCrmpnaGwrtllareement • J}roeArvvartrmuxlsai'vyNws ramei+Yrrierilwanapareel • JII6C W6;Uwrof(rve Wrl-ameCwienbnal Senxese:firertvxawnsor the ep+aaa4nt oltuo FIE • J9}1CRietNl eI INO COI/nnwL+Jll^[e(atSptYliwN V241(rllKift2rLY[N Wea rOUlpdn-rvhe[DiitlOMi • SSatssniMseM.nal rhe PUYe Bwlmny's5oullr[nlrance nolor+axrneedN • Ongoing Revenue Increases.$48SK • J198tAddlliprWPxWefteWlM n_wewe • JIH}tae'vrburvmentNYhoalRnwnw Olfun-OC41 Parks & Library: $270K • $WCaeeYaRerrutiPluNir9(w XaMPlaaaNlMtaaeuw+it • JJatansa offle g[raryonauNays • $Sortpadaefonr part[mcevawN Ws�tionsaseMd co Svmmzr sponnroa.amr • JfCCplawe luWraperwmwuweoomrmservkes Slat6rek aanrralrvefu�8faeataCnavipwreawevinmsss 6V$a% 23 r •l • CITY COUNCIL MINUTES 29 MAY 1, 2018 1 OB -29 Planning & Building. $169K • $156X: Reductionincontractservices budget • $13K: Reductionin operatingmatenals&supplies Public Warks: $101K • $101K: Reductlonin utilities as a msultef savings from 5treetllght project All Other Departments(Ory Manage, ory Anomey, Gly omk, MA, Fl nco, m): $240K • Reductions in various line -items: contract services&personnel costs tied to posltlon ceallotanons. City ManagerY Office 54ok Cityml=" $53K Cily Clerk_ _ $116K Comlma,dly D'v Iopmem 512K (y Finanm$95K Human ResovrcH SE2K 24 FY 18-19 ADDITIONAL e 1 Additional Budget Requests: • Three Parking Control Officers (cost offset by additional revenue) • Reallocation of Positions (LKigadom Asn. to Paraiegal,sr.Ofice Asn.to Exec Sec to the chief. etc.) • $20K Restroom maintenance twice a day at City parks • November 2018 Election Costs - $325K (one-time)* • Additional General Plan Funding -$250K (one-time), • Matrix/Time Entry System Upgrade —$400K(one-time)• * Use of $S.OM from Agency Deposits (Fund 98) r� s • Quality of Life Team & Homeless • Enterprise Fund Compliance • More Youth Programing • Worker's Compensation • Funding to Enhance Economic Dev. • Liability Increases • Additional Police Officer • City Hall Seismic Retrofit Recruitments • Maintain Reserve Policy Funding • SARTC Improvements Ilevels • Facility Deferred Maint. & Vehicles • PERS Challenges • Information Technology Infrastructure CITY COUNCIL MINUTES 30 MAY 1, 2018 1 OB -30 PROJECTED PERS IMPACT (ALL FUNDS) sum ,x,ye..wa...a.w I S].IF1 Inrwn Y]%onrw wa Mauia� mnaasa �I.lM f� S].]A1 mm`auy'\ $2 .IM Suo gp p.lM m 52.3M fsAe $GS.IM SroI.rY fma 4avRr,lle Saw Imo no h. nl]Y ryLLY IMA nAUI 1])IA f]LJl uo.,m w.pua wgmaa wgmm wgnm wgm.a 21 �p yV .yH•4nsYIs4 .fnv/IM Held 5 Budget Community Meetings (Budget, Strategic Plan & CIP) March 29,2018- Sunshine Ordinance Meeting April 4,2018 - Santa Ana Lawn Bowling Club April 11, 2018- Madison Elementary School April 12, 2018 -Adams Elementary School April 26, 2018- Com -Link Meeting Total or 170 participants Need fm dtvelvrya�ypuihpmgrams--• Addd'nnalmmmaniry pmerams �_ Investinyou[h � . Atldt3nelaM1horM1mdstteetlmprarc mY a • 5hin flmdnglmmpublivY/erymppmh Addresspa6n8issY?s �- � � _I pro8ramz � • Nced loraddiriorulpa�4 Addrxssfmmelxzsncss I•' Need foralbrdatlehouzM$ CITY COUNCIL MINUTES 31 1 OB -31 MAY 1, 2018 Held 10 Presentations with City Employees and Union Leadership February 20— POA Leadership February 28—Police Department Senior ManagementTeam March 2—CASA Leadership March 7— Open to all employees. Held at Council Chambers - March 7—Open to all employees. Held at the City Yard - March 8—Open to all employees. Held at the Police Community Room' March 14—Open to all employees. Held at Council Chambers' March 15—SEIU Leadership March 15—Open to all employees. Held at the Police Community Room April 30—Open to Police.Department5taff *Presentation invitation sent too 11 City employees rvoec rooestmvrmeetmmwara. sGreonurts�rin. aterrlwrn.vornoeemmevenll m e CITY COUNCIL MINUTES 32 MAY 1, 2018 1 OB -32 GENERAL •• Revenues uam, —Expenditures sama PpPpPp•Presetvv svoa asiu tzooa the fxca sxaYA ulna usYA Sum 11amit6sbvAurat fvaa fvos fxoa Idtntify reV aue fxiaa oe * fiaa.f ama fma ,vs.t uMoa- W budget 11100 •AWeva WSW "to -17 "17.11 "te.11 "nx Pant A< Rq«Can Ti Ot " lwetes F. e Irxludes P,o*tedAdulFUse Rtlad Revenue eara...,��e.noa• Mtnr"r ...aaemVwrasa•trs.rmrmsawndm � Se RS f cC *B wed on third qu arter a auals and adulI-use retailrevenue. 33 34 CITY COUNCIL MINUTES 33 MAY 1, 2018 1 OB -33 3Y ]&2a '. Peexan<*. 'Ad 9 !d nYasr Maio M] BeOnfed PpPpPp•Presetvv b trod afana the oma mon Qs Sum 11amit6sbvAurat Idtntify reV aue fug PST(dYsta enbaMeroentsI W budget c µ •AWeva WSW • 0 to ane 6 Pna fli%fame, subbitp fat SffMPS E Se RS f s se delifrery Badato lmpi meat ..p• nwdel A�anges mrvfw,dh,Gvery madelfF�a a e.. 34 CITY COUNCIL MINUTES 33 MAY 1, 2018 1 OB -33 larrner.a porn WIMP I31IaMp• Iu1SM lup.ipll A�af trot p„�f� •�mrneu W A9Yaavry fuiuppo:e fti Ma oeaN:� IW dpneeeeaW f3.nJ SsSM So b Iwtl{Wn VrdomMa4nv p Wxtl p 0 IWw[wrl IXeNYNrNN $p fC ABM•••• b Ilea rvn/Iruenk WrreNln! MN'+INp+llaa4ev p IffpsMY” p 0 •lhuMml JrfNlin I!/Il edfrwNMrwp1 MrvalejYno4xeMMnlpe4gn •'Or4iAdtlej.[Y efSISJMpbe$ISppjnNe�0.yMMwcpnPoama "'M%M addrened6lpeamNp Me SU.tl "'Ihe eJwr.wwiunnmNp�$3pMf80peavNpReaanl�SSEM},00novnpmeawkael • ur9 Araf lfW efIY3$ N..Pm eElee w 4.,k �� WICAz<ssalrenf D;,,,.fa.r. GrNrvv.NFkn SM1elfm Sp CITY COUNCIL MINUTES 34 MAY 1, 2018 10 B-34 18119 CAPITAL IMPROVEMENT PROGRAM (CIP) $40.077.570 R A Q �1 GVeet TfetOc 0nprbvemeres fiPojo!0 6Kovi,r.200 818.795.917 7 of � Uty FaraTily 9 Improvemenn 00 58,502,]41 ■ Street Impmrements a Traffic Improvements ® ■CityyjOities Lighting Improvements o City Facilities STREET �1J IMPROVEMENTS $12,797,280 ALn7umleR�Rnlm Brml Rbtr2 Sten % bi M Blak Rath Brum Stat brolmemHa YamHb 9 PmYeY 111;in 5rerl R9ote Drab 1Vnw Raf 5aec1 Rehab 6'FaSimbLts Lanbr 1vamH8lonmkyp.Hmnx Oavb GIar9 TRAFFIC IMPROVEMENTS $18,705,517 0000 1, pwmng Plam9ng OProve=ft Sl9ewa10fliteese 5-Projecs 15-rew 2-5P9o079e9W SSSOA� 4112 8 0 ALn7umleR�Rnlm Brml Rbtr2 Sten % bi M Blak Rath Brum Stat brolmemHa YamHb 9 PmYeY 111;in 5rerl R9ote Drab 1Vnw Raf 5aec1 Rehab 6'FaSimbLts Lanbr 1vamH8lonmkyp.Hmnx Oavb GIar9 TRAFFIC IMPROVEMENTS $18,705,517 0000 1, pwmng TrOli:sIaal ISbbTityfSafey 4-6Pr5o,(e6et 5-PmjeM 12 -Projects 749I 565000 15.567.440 $1 Ueump," Gad Gmel Vaal .nrveecmcv..�s�a?segrt Oelebpnbv IareTrtAN5ryi.2 u.m OLSCerhs 51n[ttmvalm •cuccartr&rusae.n Nwxyb Tran Uara2emarP4va • Ita15trs1 Trak Syntl sN.bm Trak S*4 plogn SPlmrmtralm • Ea cnemFuuawws sw+.s Derebpnan • Trif, STbIPT+P^en w..ImrNw • xaiMFro!<P161aLL TEuia6 Remaererl Ily UWnPgAN8it01 PNfNb BMPT CffiI . srama,as•tMetl9+.Ern CITY COUNCIL MINUTES 35 MAY 1, 2018 1 OB -35 PUBLIC UTILITY I DRAINAGE IMPROVEMENTS $3,255,000 I P..s 1 -Projects 5a,U23,1A1 CITY FACILITIES $6,582,367 N •SAImhBmams¢ Nassr Pm MWtmad A9a[WI'3 FtlyV GmtRnn(hr NaME 01 FEATURED PROGRAMS 6treeW81052 SBI MerOpties Conversion ATP 49,550,912 6TBD 58.608,062 677.182,000 Asset Dro09MTaltterl L1ana90neN M1letllan Converalon M9 STBD 3100.1100 1L-1 6TBD CITY COUNCIL MINUTES 36 MAY 1, 2018 1 OB -36 Saver Improvemems 4 -Projects 5513.000 Nater Improvem m d-PMjecM 52.200,000 FatlOryl Orelner3e 2-Proje9M 6350A00 6VaelOO t pro XMI 1 -Project 5130,000 •B'vM Phne3ASeae AltinloPaenms •Svb M�6k5ncrJ NeyitMmOS;ewv •6rsM Ffa Wl AOhntnCorFrnm6 •(XinlNy,Rery S,tim mry •S42V;th, a,emtvvi •Em Sam 8mm0 Fmmp kp,svertem •9retl UiA Re. rm,OmtlRrPa Aluntnpro enerm 5.ynm.1 •vrmmr6,mserS ,cr .tw7 AIsnO.e9an Ymm ipiommttuW AIMArc" Mud ljem Mud • Ikut:rplv,N'e1Sk Senerllan bamaemro I P..s 1 -Projects 5a,U23,1A1 CITY FACILITIES $6,582,367 N •SAImhBmams¢ Nassr Pm MWtmad A9a[WI'3 FtlyV GmtRnn(hr NaME 01 FEATURED PROGRAMS 6treeW81052 SBI MerOpties Conversion ATP 49,550,912 6TBD 58.608,062 677.182,000 Asset Dro09MTaltterl L1ana90neN M1letllan Converalon M9 STBD 3100.1100 1L-1 6TBD CITY COUNCIL MINUTES 36 MAY 1, 2018 1 OB -36 TOTALCAPITAL IMPROVEMENT PROGRAM (CIP) .. 6780,855,761 U01 r OrolN I CIIy FaeNty EX Improvemeras 610,002,500 I I 520. WII ■ Street Improvements ■ Traffic Improvemems ® ■ UNIM1Orainagel Lighting Improvemenu ■City Fa<IYM1res 44 ® CIP PROJECT TRACKING NIL ---- ------- m - May 15 - City Council Work Study Presentation -June 5 - in Reading of the Budget/CIP - lune 19 - 2nd Reading of the Budget/CIP a July 1- New 2018-19 Fiscal Year Starts ?Fa <6 Council discussion ensued: CITY COUNCIL MINUTES 37 MAY 1, 2018 1 OB -37 OLO 7aY 8[reM TfaNe SS4721 N00.900R05 $IK9WM3 17 610.72&877 U01 r OrolN I CIIy FaeNty EX Improvemeras 610,002,500 I I 520. WII ■ Street Improvements ■ Traffic Improvemems ® ■ UNIM1Orainagel Lighting Improvemenu ■City Fa<IYM1res 44 ® CIP PROJECT TRACKING NIL ---- ------- m - May 15 - City Council Work Study Presentation -June 5 - in Reading of the Budget/CIP - lune 19 - 2nd Reading of the Budget/CIP a July 1- New 2018-19 Fiscal Year Starts ?Fa <6 Council discussion ensued: CITY COUNCIL MINUTES 37 MAY 1, 2018 1 OB -37 Councilmember Benavides, asked staff if projected $10.2 million revenue from U.S. Marshal contract will be met and if contract will remain revenue positive. Opined there was a $10.1 million estimated increase in revenue and $5.9 million increase in expense, cannabis tax revenue to be allocated towards community benefit, and priority towards youth programs. Expressed concern as to future of Orange County Fire Authority (OCFA) and need to have exit clause options. Further budget and revenue discussion ensued. Deputy City Manager Cortez, initial budget estimated jail revenue at $2.7 million, addition of U.S. Marshal short term agreement increased revenue estimate to $10 million and is projected to hit $10 million mark. Opined some departments are operating with minimal staffing and are no longer effective or efficient, need to redefine what a core service is, and police expenditures will meet current budget, City Manager Godinez, noted City of Santa Ana would not be impacted if other cities pull out of OCFA and fee based city are separate from other cities. Addressed anticipation of cannabis tax revenue is based on floor area. Division Chief Black, noted City of Santa Ana would not see any upcharge for any service provided by OCFA if any entity within OCFA decides to leave. Councilmember Sarmiento, asked staff for balance of the operating reserve. Noted reserve policy limits access to funds unless City Council votes with two- thirds majority, current deficit amount at $17.1 million, and reserve funds may be exhausted by 2021. Opined need to reinvent the city, redefining service delivery, ways to continue necessary services to community, need to search for bonding opportunities, and offering naming rights to city assets for revenue generating purposes. Asked City Attorney to provide update on California Supreme Court case regarding Public Employee Retirement System (PERS). Further budget and revenue discussion ensued. City Attorney Carvalho, provided City Council with update on ongoing California Supreme Court case regarding PERS which is examining whether the State of California and local agencies can make changes to vested PERS rights and ability to make adjustments. Councilmember Villegas, asked staff if $131 million police budget includes funded positions, noted police budget includes 55 vacancies, current police officer rate is .9 per capita, and officer rate is half of the standard 1.8 per capita. Councilmember Solorio, noted previous City Council discussion on hotel visitor occupancy tax and sales tax that may be placed on the November ballot that are not included in the presentation, adult use cannabis was approved with condition that revenue would go towards enforcement, youth programs, and some administration. Expressed need to continue with council approved direction, staff role is to implement policy approved by City Council, any recommended change must be presented to City Council to reallocate funds CITY COUNCIL MINUTES 38 MAY 1, 2018 1 OB -38 rather than it being a staff driven internal decision, and need for creativity in generating revenue. Further budget and revenue discussion ensued. Councilmember Tinajero, opined City Council must be very strategic when delivering information to staff and identify what truly is important. Expressed frustration of staffs inability to create structure or innovation in generating revenue. Noted conversation should include creation of new revenue and not just about cutting expenses. Expressed need to have innovative thinking and urged staff members to think outside of the box to bring revenue to the city immediately. Mayor Pro Tem Martinez, noted City of Santa Ana is a full service city, current proportional tax rate at 1%, City of Santa Ana collects 19% of the proportional tax collected within its boundaries, and compared tax rates to surrounding cities. Opined revenue, land use, zoning, and sustainability matters. Identified two major sources of revenue for the City of Santa Ana as sales and property tax, opined city receives more sales tax than property tax; and amount of revenue being generated is insufficient to sustain a full service city. Noted lion's share of the budget goes to public safety because community values public safety, city departments are currently bare bones, and City cannot move forward unless council and community updates its general plan and zoning code. Expressed need to focus on property tax for revenue generation for a true economic development strategy. Further budget and revenue discussion ensued. Mayor Pulido, expressed need to be more efficient, find money for jobs that produce more money, and to use city properties for revenue generation. Directed staff to determine current amount of public works inspectors, and extra positions in Building and Planning Agency that could assist in expediting projects. Opined City is being impacted by homeless issue and need to work with other cities so they carry their fair share. Further budget and revenue discussion ensued. PUBLIC HEARING 75A. AGENDA ITEM CONSIDERED EARLIER. *Mayor Pulido left the City Council meeting at 9:36 P.M. and did not return. 75B. PUBLIC HEARING - ADOPT A RESOLUTION DECLARING INTENT TO CHANGE THE WARD BOUNDARIES; HOLD PUBLIC HEARINGS 1 AND 2 ON MAY 1, 2018 AND MAY 3, 2018 RESPECTIVELY; AND ADOPT RESOLUTION DECLARING INTENT TO PLACE A CHARTER AMENDMENT FOR VOTER CONSIDERATION REGARDING BY -WARD ELECTIONS (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 39 MAY 1, 2018 1 OB -39 Legal Notice published in the Orange County Register on April 21, 23, 28, and 30, 2018; La Opinion on April 26, 2018; Nguoi Viet on April 25, 2018; Chinese Daily News on April 27, 2018; and Korean Daily on April 26, 2018. Clerk of the Council, Mara D. Huizar, introduced consultant with Redistricting Partners, Mr. Paul Mitchell, who will be leading the city in the Ward Reboundary effort. 0020 REDISTRICTING 41M PARTNERS Redistricting Overview City of Santa Ana Overview of CVRA and Redistricting Process 00 RERISTRICTIN6 r------- -. _ _� 00 PART14ERS What is the CVRA? The California Voting Rights Act is a state law that prohibits the use of At -Large election systems in local government if there is racially polarized voting. Al Large" is defined as anything other than a system in which an elected official lives In a district. and Is only elected by members of that district. "Racially Polarized Voting" is determined through an analysis which quantifies the amount of voting which can be shown to be correlated to race. CITY COUNCIL MINUTES 40 MAY 1, 2018 10 B-40 Sit REDISTRICTING 04) PARTNERS What is the CVRA? The California Voting Rights Act takes the principles of the Federal Voting Rights Act and expands it regarding districted elections in two key ways: While Federal law uses "majority minority" districts as a standard for vulnerability, the CVRA only requires 'ability to Influence." The NRA requires that plaintiffs get full reimbursement for legal fees associated with any successful challenge. 00 REDISTRIC PARTNERSTItl6 What is Redistricting Redistricting is the process of changing election district boundaries for a jurisdiction that currently has district lines. In the case of Santa Ana, the redistricting process is being coupled with a conversion to single -member districts (often referred to as By -Ward Election) in compliance with the California Voting Rights Act 00 REDISTRICTING 04) PARTNERS Traditional Redistricting Principles Should be followed by City of Santa Ana There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous— districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function CITY COUNCIL MINUTES 41 MAY 1, 2018 1 OB -41 IDO REDISTRICTING 04) PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There are a numberof criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous— districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function 00 REDISTRICTING 00 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies The "equal size" for the purposes of redistricting comes from the 2010 Census papulation. 2010 Population: 324,585 • Median District Size: 64,917 5% Deviation Largest: 66,540 Smallest: 63,294 00REMSTRICTING AIN PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies Other measures of population can be considered in line redistricting process, but NOT for the actual size of the districts, which has to use 2010 Census Population. • Current ACS Population: 332,935 (2.5% Growth) • ACS Adult Citizens: 140,419 • Current Voter Registration: 98,322 CITY COUNCIL MINUTES 42 MAY 1. 2018 10 B-42 000 0 PAR EICTIN6 Traditional Redistricting Principles Should be followed by Local Agencies There area number of criteria that have been used nationally and upheld by courts. Relatively equal size - people, not citizens Contiguous— districts should not hop/jump Maintain "communities of interest" Follow city/county/local government lines Keep districts compact—appearance/function OO REDISTRICTING 00 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain"communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function Sao REMMICTING 00PARTNERS Communities of Interest Bringing like people together for representation What is a community of interest includes ethnic and language minorities and other groups. Communities covered by the Voting Rights Act Latinos Asians African Americans Religious communities . Other Nationality/Ethnic communities CITY COUNCIL MINUTES 43 MAY 1, 2018 10 B-43 60 REDISTRICTINGE-- @i) PARTNERS City of Santa Ana Latino and Asian Communities There are densities of Latino and Asian population that will need to be considered in line drawing process. • For ethnic populations we are concerned with the "Citizen Voting Age Population" (CVAP) as calculated by the US Census in annually through the American Community Survey. Base ethnicity of the district shows 17% Asian and 60% Latino CVAP. However, these populations are not evenly distributed - there are strong concentrations of each in parts of the district. cio REDISTRICTING 04) PARBIERS City of Santa Ana Latino and Asian Communities CITY COUNCIL MINUTES 44 MAY 1, 2018 10 B-44 CITY COUNCIL MINUTES 45 MAY 1, 2018 1 OB -45 00 REDISTRICTING 00 PARTNERS Communities of Interest Bringing like people together for representation Other communities, generally known as "communities of interest" can be determined by the council or the public. Some examples are: • People living near an industry (agricultural, aerospace, downtown) • Senior Citizen communities • Coastal / River access communities • Environmental Interests • Homeowners or Renters 00 REDISTRICTING 040 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There area number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous— districts should nothop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function OO REDISTRICTINGL—_ 00 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous— districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function CITY COUNCIL MINUTES 46 MAY 1, 2018 10 B-46 00 PARTNERS City of Santa Ana Current Dis f0S 0 MISTERS NS P.s..d. --""—® City of Santa Ana Neighborho CITY COUNCIL MINUTES 47 MAY 1, 2018 10 B-47 este RERISTNIETINR 4169 PARTNERS City of Santa Ana School Districts U 1M O CITY COUNCIL MINUTES 48 MAY 1, 2018 ' m 00 NERISTRION6 049 PARTNERS City of Santa Ana State Legisla REDWRI O 0PARTIEERL7III6 City of Santa Ana Congressional CITY COUNCIL MINUTES 49 MAY 1, 2018 10 B-49 00 REDISTRICTING 00 PARTNERS City of Santa Ana Precincts CITY COUNCIL MINUTES 50 MAY 1, 2018 10B-50 100 PAR711ERSS p City of Santa Ana Next Steps The next steps: 1. Raoptaraw4fronlecbline llm(oy's iaten(4n to plrte a (l,,ror Amandrrepl for wtet anvtlerndon on Via Na+emher6,2018General Municipal El.7ian to chase fmm at large m ey-Wud Hatton" to, olmNo-emhen 2. Me,. loa a. ,J11k1g Na Gtv't Mo. to [unsNer'hell. l»uMary brYsul Mid, and rids ha tilra and plate el raid haw, to he h1u on fAay A. May 3. May 1S. k'"19 .,id )a oS•2018. 3. Hold the fVn Puh triuln& taQlit W n a u Iji Vie m to, and ary proroa ,reu*.v the uiterl2 used to modify Ward LOr,odwks. a W alMm video to submit their Me" fol ,,VoroV-wrriunides of imefm! to co n, Wr, b It, nart Wa oda1V s. o- Hold the%<oid Mblic He3i1, ui 11 wtdry,Mav 3, 2018 dI5U0in Vie COUKICIvmLrlu an Mjomncd eeduhr N1.1,14 of t1. CM Councit 00 REOISPRICTIt16 00 PARRIERS City of Santa Ana Community Input and Outreach 1. Attend the public hearing and be engaged in the process. 2. Submit comments toecomment@santa-ana.ore 3. Request a presentation for your group/membership to learn more about the process, such as neighbor associations, non- profit organizations, etc. by contacting the Cle1k of the Council Office at 714 647-6520. Im CITY COUNCIL MINUTES 51 MAY 1, 2018 1 OB -51 Mayor Pro Tem Martinez opened the Hearing. Clerk of the Council Maria confirmed the written communication was received and circulated to council. Councilmember discussion ensued: Councilmember Tinajero, opined need to maintain what is currently in place, draw lines after election takes place without removing elected Councilmembers, and to move forward to ensure ward elections are on November ballot. Noted waiting until after election would provide more time to make a better decision and would bring stronger democracy to residents by giving them more of a voice through the ward election process. Councilmember Sarmiento, referenced minimum legal requirement to have five public hearings and need to go above and beyond the minimum requirements to address community groups, neighborhood associations, and advocacy groups. Noted many ways to define community of interest, population vote diluted by at large system currently in place, encouraged public to participate, need to be explicit to what is on the ballot, and need to have ability allow individuals to draw their own maps on city website. Further discussion ensued. Councilmember Benavides, inquired what numbers will be used to determine population size. Noted 2020 Census results will not come out until 2022, steps taken towards new ward boundaries is a remedy to address ongoing California Voters Rights Acts litigation filed against the City of Santa Ana, 2010 census numbers were very likely undercounted, and anticipation that 2020 census will be more skewed given the climate and potential questions that are being presented by the current administration. Consultant, 2010 census will define population number, 2010 census was faulty because it there was a significant undercount in the City of Santa Ana, American Community Survey will define the ethnic composition of citizen voting age population, and various data that can help inform the process but doesn't have legal standing. The following speakers commented on said item: • Theresa Le, expressed disappointment in the underrepresentation of the Vietnamese community. Opined attention has been drawn towards politics at the loss of what is important and the election system leaves most of the population feeling poorly unrepresented. Urged City Council to move towards a fair and inclusive process for a new district election system. • Dave Hoen, opined we have run out of excuses and need to go towards a fair representation of all residents. • Miguel Hernandez, on behalf of Santa Ana Fair Election Coalition, echoed statements made by Theresa Le. Opined need to move forward with redrawing of the maps to ensure the Vietnamese community is represented CITY COUNCIL MINUTES 52 MAY 1, 2018 1 OB -52 • Paul Gonzales, expressed support for district election in November. Opined redrawing of maps does not make sense until district election has been approved by the public. • Ken Nguyen, on behalf of Vietnamese residents, opined redrawing of ward boundaries is very important to the Vietnamese community, ability to have their own representation on the City Council, and Vietnamese vote will make an impact in city elections. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENT TO PLACE A CHARTER AMENDMENT FOR VOTER CONSIDERATION ON THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION BALLOT TO TRANSITION FROM AT -LARGE TO BY -WARD COUNCILMEMBER ELECTIONS PURSUANT TO CALIFORNIA ELECTION CODE SECTION 10010(e)(3)(A) MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solodo Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Pulido (1) Councilmember discussion continued: Councilmember Solorio, opined concerns made by the Vietnamese community were legitimate, city possibly out of compliance with the California Voters Rights Act, need to perform a series of hearings and maps, and approval of wards will require five votes. Councilmember Villegas, noted census numbers being used are eight years old. Expressed opposition to item. *Mayor Pro Tem left the City Council meeting at 10:26 P.M. and did not return. Councilmember Benavides will chair the balance of the meeting. CITY COUNCIL MINUTES 53 MAY 1, 2018 1 OB -53 Councilmember Sarmiento, inquired in the event, as we move forward in this election cycle, that if the City does not achieve a two-thirds majority to draw new lines, would we default to our existing lines if in fact the voters approve a change from at -large system to by -district system. 2. Adopt a resolution. RESOLUTION NO. 2018-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, DECLARING ITS INTENTION TO CONSIDER CHANGES TO BOUNDARY LINES OF WARDS, AND FIXING THE TIME AND PLACE OF SAID HEARINGS THEREON MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, (4) NOES: Villegas (1) ABSTAIN: None (0) ABSENT: Pulido and Martinez (2) 3. Open and Close the first Public Hearing that will explain the re - boundary process, review the criteria used to modify Ward boundaries, and allow residents to submit their ideas for potential "communities of interest" to consider in the new boundaries. 4. Hold Public Hearing No. 2 on the Ward Re -boundary process on May 3, 2018 at the Adjourned Regular City Council Meeting to be held at 5:00 in the Council Chamber. RECESSED CITY COUNCIL MEETING AT 7:25 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 7:26 P.M. ADMINISTRATIVE MATTERS — BUSINESS 60D. RECEIVE AND FILE THE REAL PROPERTY DISPOSITION ADMINISTRATIVE POLICY {STRATEGIC PLAN NO. 3, 5A} - Community Development Agency MOTION: Continue consideration of matter to the June 05, 2018 City Council Meeting. MOTION: Sarmiento VOTE: AYES: SECOND: Tinajero Benavides, Sarmiento, Solorio, Tinajero, CITY COUNCIL MINUTES 54 MAY 1, 2018 1 OB -54 Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Martinez (2) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. AGENDA ITEM CONSIDERED EARLIER. WORT( STUDY SESSIONS — AGENDA ITEMS WS -1 AND WS -2 CONSIDERED EARLIER. COMMENTS PUBLIC COMMENTS (Non-Agendized items considered earlier.) 90A. CITY MANAGER'S COMMENTS City Manager Godinez, informed City Council of police department open house event on May 12, 2018 and encouraged community to attend. 90B. CITY COUNCILMEMBER COMMENTS • Councilmember Sarmiento, wished all a "Happy Mother's Day," opined need to respect the public and staff time, to keep to a strict schedule and commence open session at 6pm, condense presentation to one per meeting, and limit City Council comment time to three minutes. • Councilmember Tinajero, echoed statements made by Councilmember Sarmiento. Directed staff to provide a stopwatch at the next council meeting to time Councilmembers comments, limit Councilmember to one presentation per month, and limit Councilmembers to three-minute discussion per agenda item. • Councilmember Solorio, provided report on ribbon cutting ceremony for the new children playground at Chepas park. • Councilmember Villegas, provided report out on Youth, Education, and Community Services Council Committee. CITY COUNCIL MINUTES 55 MAY 1, 2018 1 OB -55 • Councilmember Benavides, thanked staff for the efforts in presenting budget work study. Directed staff to provide City Council with update on branding strategy plan. Encouraged residents to shop local and support local jobs. ADJOURNED - 10:47 p.m. Adjourn Meeting to Thursday, May 3, 2018 at 5:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Fiscal Year 2018-19 Budget • Bristol Street Corridor Plan Update • Policy on Use of General Reserve and Enterprise Funds • Amendment to Metro East Mixed -Use Overlay District • Jail Reuse Study • Work Study Sessions: o Work Cooperative • Ordinance — Liability Fund • Resolutions regarding November 6, 2018 General Election o Councilmembers for Ward 2, 4, 6 and Mayor seats; and Charter Amendments Regarding Mayor's Signature Authority and By -Ward Elections CITY COUNCIL MINUTES 56 MAY 1, 2018 1 OB -56 MINUTES OF ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 3, 2018 5:00 P.M. PUBLIC HEARING MEETING Clerk of the Council, Maria D. Huizar announced that the Adjourned Regular Meeting scheduled for Thursday, May 3, 2018 at 5:00 p.m. was canceled due to lack of quorum. The next meeting is scheduled for Tuesday, May 15, 2018 at 5 p.m. for a Closed Session following by the Regular Open Session at 5:45 p.m. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 1 MAY 1, 2018 10C-1 10C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: ORDINANCE SECOND READING: ADOPT AND ADD SECTIONS 10-700,10-701,10-702 AND 10-703 TO THE SANTA ANA MUNICIPAL CODE RELATED TO AGGRESSIVE OR INTRUSIVE SOLICITATION {STRATEGIC PLAN NO. 5,1} RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On May 1, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6-0 (Tinajero absent): ORDINANCE NO. NS -2945 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION In summary, the purpose of this Article is to protect the safety and welfare of the public and improve the quality of life and economic vitality of the City of Santa Ana by imposing reasonable time, place, and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens. The ordinance prohibits solicitation in an aggressive or intrusive manner in any public place. In addition, the ordinance prohibits solicitation at financial institutions and automated teller machines, driveways accessing shopping centers, retail establishments, and business establishments, public transportation vehicles at stops, gasoline/charging stations and fuel pumps, and outdoor dining areas. 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). 11 A-1 Second Reading Ordinance: Aggressive or Intrusive Solicitation May 15, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 1 z'-% Maria D. Huizar, Clerk of the Council Exhibit: Ordinance No. NS -2945 11 A-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION 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 expressly finds that the activities and locations of individuals engaging in aggressive or intrusive solicitation have raised numerous public safety issues for both the individuals that are seeking monies and the persons being solicited for monies. City staff noted the inherent dangers in known locations in which individuals seeking donations place themselves at risk of physical harm to themselves and others. In addition, the acts of certain individuals seeking funds have placed members of the local community in the way of, or in fear of, physical harm from these aggressive or intrusive actions. B. Locations of Special Concern Median Strips A median is not intended for pedestrian activity. Per Santa Ana Municipal Code Section 36-16, the median is that portion of the street that separates lanes of vehicular traffic. There is an inherent traffic safety risk for individuals standing on a median with vehicles passing adjacent at high speeds. Standing too close to active traffic lanes further creates safety risks for a pedestrian in the event of tripping, losing their balance, or becoming unconscious and involuntarily falling into active traffic lanes. Per Santa Ana Municipal Code Section 36-118, no person shall stand, walk or sit on any median. 2. Driveways The Safe Mobility Santa Ana Study found that collisions involving pedestrians occur frequently at driveways. Furthermore, active driveways to business or retail centers have a steady to heavy flow of vehicular traffic. Pedestrians loitering in or around driveways are exposed to potential contact with ingressing or egressing vehicles. In addition, any person loitering around a driveway may block the line of sight or distract motorists while attempting to ingress or egress. Ordinance No. NS -XXX Page 1 of 9 11 A-3 3. Transit Stops Transit stops require unimpeded accessibility to and from the transit stops for commuters. Anyone loitering around transit stops may impede access or create potential trip hazards for commuters. Furthermore, when someone is standing close to the curb in a transit stop, transit operators may be forced to stop away from the actual transit stop at a location that is not ADA compliant or further away from the curb. Public Utilities Code Section 99170 considers this type of conduct to be unlawful. 4. Parkways Parkways are located adjacent to active vehicular travel lanes. There is an inherent traffic safety risk standing on a parkway with vehicles passing adjacent at high speeds. Standing too close to active traffic lanes further creates safety risks for a pedestrian in the event of tripping, losing their balance, or becoming unconscious and involuntarily falling into active traffic lanes. In addition, any person loitering around a parkway may block the line of sight or distract motorists while driving through the area. C. Pertinent Santa Ana Police Department Reports In 2017, the Santa Ana Police Department responded to over 930 calls for service reporting pedestrians in and out of the roadway, causing traffic hazards. All of these calls necessitated a lights and siren emergency response to the location to remove the endangered pedestrian(s) and to protect individuals attempting to lawfully utilize the roadway from becoming involved in a collision. Of these calls for service, on average over 70% of these were solicitor -related. 2. The Santa Ana Police Department has also responded to the following incidents regarding aggressive or intrusive solicitation: a. On April 17, 2017, at 3:20 p.m., an aggressive solicitor was asked to leave a grocery store. Instead of leaving, the individual produced a knife, proceeded to stand in the doorway of the market, and threatened employees with a knife. After police officers arrived, the individual refused lawful orders and assaulted officers and a police dog. b. On June 10, 2017, at 4:50 p.m., an aggressive solicitor was causing a disturbance at a private event being held at a coffee shop in Downtown Santa Ana. The individual failed to leave the area after being directed by a security officer, and subsequently entered the coffee shop, began screaming incoherently, picked up a metal chair and assaulted responding police officers. Ordinance No. NS -XXX Page 2 of 9 11 A-4 c. On June 18, 2017, at 11:57 a.m., property owners from a restaurant reported an individual who frequented the area as a solicitor, causing a disturbance when several individuals refused to give him money. Private security contacted the individual. The individual began acting more erratic, produced a knife and threatened security personnel. d. On August 9, 2017, at 7:00 p.m., several residents were in a car driving down a city street. When they came to a stop, a solicitor requested money and was refused. The solicitor became angry and threw a heavy metal object through the windshield of the vehicle. e. August 16, 2017, at 11:00 p.m., a man was walking to his vehicle from a fast food restaurant, when he recognized an individual he knew to frequent the area as a solicitor. For an unknown reason, this solicitor approached the man and stabbed him with a knife. f. On August 19, 2017, at 6:49 p.m., an aggressive solicitor approached a man in front of a restaurant. The man refused to give money to the solicitor. The solicitor produced a knife and stabbed the man. 3. During 2017, the Santa Ana Police Department coordinated with law enforcement agencies from within Orange and Los Angeles counties to address teams of individuals going from city to city fraudulently requesting money for funeral expenses and to bury persons that had passed away while allegedly soliciting at major intersections and center medians. These individuals often purported to need funds to bury deceased children. Investigations revealed that these individuals were collecting money as part of a fraudulent well -organized scheme and that no funds were ever to be utilized for the funerals or burials. Adults had actually co-opted minors to be the individuals entering and exiting traffic, collecting funds and subsequently returning all proceeds of the fraud to the adults. Section 2. The City hereby adopts Article XII of Chapter 10 of the Santa Ana Municipal Code to read as follows: ARTICLE XII. AGGRESSIVE OR INTRUSIVE SOLICITATION Sec. 10-700. Purpose and Intent. The purpose of this Article is to protect the safety and welfare of the public and improve the quality of life and economic vitality of the City of Santa Ana by imposing reasonable time, place, and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens. Ordinance No. NS -XXX Page 3 of 9 11 A-5 Aggressive or intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. Aggressive or intrusive solicitation can contribute to the loss of access to, and enjoyment of, places open to the public, and can create an enhanced sense of fear, intimidation, and disorder. Solicitation from people in places where they are a 'captive audience" because it is difficult or impossible for them to exercise their own right to decline to listen to or avoid solicitation from others, presents a risk to the health, safety, and welfare of the public. The presence of individuals who solicit money from persons at or near banks or automated teller machines can be intimidating or threatening. Such activity often carries with it an implicit threat to both person and property. Other captive audience" locations include public transportation vehicles, theirdesignated locations for stops, outdoor dining areas, and gasoline stations. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations and will help to diminish or avoid the threat of violence in such unwarranted and unavoidable confrontations. Solicitation in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public due to the increased risk of drivers becoming distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. The practice of solicitation near driveways accessing shopping centers, retail establishments, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. The location of a solicitor near a driveway compromises a solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic, which may result in automobile accidents, congestion, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. Sec. 10-701. Definitions. As used in this article: (a) "Aggressive" means any of the following types of conduct: (1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, to fear damage to or loss of property, or otherwise to be intimidated into giving money or any other thing of value; Ordinance No. NS -XXX Page 4of9 11 A-6 (2) Intentionally touching or causing physical contact with another person or an occupied vehicle without consent; (3) Closely following or approaching a person, after the person has indicated they do not want to be solicited or do not want to give money or any other thing of value; or (4) Making violent gestures toward a person. (b) "Automated teller machine" means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account. (c) -"Automatedteller machine facility means an area comprised of ons or more automated teller machines, and any adjacent space made available to banking customers. (d) "Bank' means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank with deposits which are insured by the Federal Deposit Insurance Corporation. (e) "Check cashing business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to division 3 of the California Financial Code, commencing with section 12000. (f) "Credit union" means any federal credit union and any state -chartered credit union with accounts insured by the Administrator of the National Credit Union Administration. (g) "Donation" means a gift of money or other item of value. (h) "Financial institution" means any bank, savings and loan association, credit union, or check cashing business. (i) 'Intrusive' means any of the following types of conduct: (1) Thrusting or forcing oneself close to another person without invitation, permission, or welcome; (2) Physically contacting another person; Ordinance No. NS -XXX Page 5 of 9 11 A-7 (3) Blocking a person's path of travel; or (4) Behaving in a threatening manner towards another person. Q) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, a street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground; or any doorway, entrance, hallway, lobby and other portion not constituting a room or apartment designed for actual residence, of any business establishment, apartment house, or hotel. (k) "Public transportation vehicle" means any vehicle designed, used, or maintained for carrying 10 or more persons, including the driver; or a vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire. (1) "Solicit' or "solicitation" means to ask, beg, or request for an immediate donation of money or any other thing of value or for the direct and immediate sale of goods or services. Solicitation can be accomplished by using the spoken, written, or printed word, or bodily gestures, signs, or other means. Sec. 10-702. Prohibited solicitation. (a) No person shall solicit in an aggressive or intrusive manner in any public place. (b) Financial institutions and automated teller machines. (1) No person shall solicit within an automated teller machine facility without the express permission of the owner or other person lawfully in possession of the facility. (2) No person shall solicit within 30 feet of any financial institution during its business hours. (3) No person shall solicit within 30 feet of any automated teller machine during the time it is available for customers' use. If the automated teller machine is located within an automated teller machine facility, the 30 feet shall be measured from the entrance or exit of the automated teller machine facility. (4) Subsections (1) and (3) do not apply to any unenclosed automated teller machine located within any building, structure, or space that has a primary purpose or function that is unrelated Ordinance No. NS -XXX Page 6 of 9 11 A-8 to banking activities, including but not limited to supermarkets, airports, and school buildings; provided that the automated teller machine is available for use only during the regular hours of operation of the building, structure, or space in which the machine is located. (c) Driveways accessing shopping centers, retail establishments, and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while the vehicle is located within 30 feet of a driveway skirt providing vehicular access to a shopping center, retail establishment, or business establishment. (d) Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 30 feet of any designated or posted public_ transportation -vehicle stop. (e) Gasoline/charging stations and fuel pumps. No person shall solicit from an operator or occupant of a motor vehicle while the vehicle is stopped in a gasoline or electronic vehicle charging station or at a gasoline pump or charging and fueling station. (f) Outdoor dining area. No person shall solicit from a person within the outdoor dining area of a restaurant, cafe, or similar establishment that serves food or drinks for immediate consumption. (g) Subsections (b) through (g) do not apply to solicitations authorized or conducted by the property owner, business owner, or employees on the premises. Sec. 10-703. Violations. (a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the City officer. (b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code. (c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article. Section 4. 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 Ordinance No. NS -XXX Page 7 of 9 11 A-9 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, phrase, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _ day of, APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney At'(,(&. By: - lx9ildL— Sandra M. Scliwarcmann Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2018. 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A-10 Ordinance No. NS -XXX Page 8 of 9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2018 (STRATEGIC PLAN NO. 4, 1D) �o CI MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly report shall be submitted within 30 days following the end of the quarter covered by the report. In an effort to meet the statutory requirement, Finance & Management Services Agency submits the Report via email for review and distribution to the City Council in advance. The report was emailed for distribution on April 23, 2018. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. 19C-1 Quarterly Report of Investments May 15, 2018 Page 2 The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of March 31, 2018. The following two tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of March 31, 2018. Type of Investment Amount Invested $ Portfolio COSA Policy Limits% State Law Limits% Certificate of Deposit (CD) $3,966,000.00 1.43% 30% 30% Federal Farm Credit Bank (FFCB) $55,517,960.00 19.96% None None Federal Home Loan Bank (FHLB) $56,670,816.33 20.37% None None Federal Home Loan Mortgage Corp. (FHLMC) $39,233,115.00 14.10% None None Federal National Mortgage Association (FNMA) $69,969,610.00 25.16% None None Local Agency Investment Fund (LAIF) $52,794,783.65 18.98% None None Sub -Total $278,152,284.98 100.00% None None Cash $20,699.871.64 Total $298,852,156.62 Restricted Cash In $ Restricted Cash t $11,069,575.21 Total $11,069,575.21 t Restricted cash is held by a Trustee, Bank of New York Mellon, and is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment types as of March 31, 2018. City of Santa Ana Investment Portfolio Asset Allocation March 31, 2018 LAIF CD 18.98% 1.43% ■ Certificate of Deposit (CD) ■ Federal Home Loan Bank (FHLB) ■ Federal National Mortgage Association (FNMA) ■ Federal Farm Credit Bank (FFCB) ■ Federal Home Loan Mortgage Corp. (FHLMC) ■ Local Agency Investment Fund (LAIF) 19C-2 Quarterly Report of Investments May 15, 2018 Page 3 The following three tables represent, as of March 31, 2018: (1) the aggregate Effective Rate of Return on the City's investment portfolio, both month to date (MTD) and year to date (YTD); (2) the aggregate Average Market Yield To Date (AMTD); and (3) the breakdown of AMTD by investment type. Aggregate Effective Rate of Return Month To Date (MTD) 1.30% Year To Date (YTD) 1.24% Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1.488% AMTD Breakdown by Type of Investment Par Value of Investments of Portfolio Yield to Maturity Average Yield to Maturity Certificate of Deposits $3,966,000.00 1.43% 1.697% 0.024% LAIF $52,794,783.65 18.98% 1.524% 0.289% Federal Agency Securities $221,391,501.33 79.59% 1.475% 1.174% Total $278,152,284.98 100.00% 1.488% STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. e 7�zs Francisco Gutierrez Executive Director Finance and Management Services Agency RP Exhibit: 1. 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HN I+I 11} ti p Ali yN� n YI nw, b 4i N n It! tp m w rs m Yl tb I. n W I a �I b gh nan. a 0 c�UI V Q F 19C-9 1§C.10 / (! §)§§!! ) 2 / ,...� !!)§«! 5 \ )^§)` * ((!§)] \ )\ )\\\§ ! f /((/\ $ )¥!E| ) | \ 1§C.10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR APRIL 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for April 2018. The April 2018 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: hftp://www.santa-ana.org/strategic-planning/ STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19D-1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) r CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0:11=101TlgW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the Police Department 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. Request for Destruction of Records — Police Department 19E-1 19E-2 ti .F CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: F 5CA-L. Record Record Series Record Description Record Dates Category Payroll / Accounts Leave of Absence Authorizing absence forms; labor 1/1/2009— /1/2009-Payable Payable & Time Exception expenditure charges to applicable 12/31/2012 Sheets /Accounts Fund/Activity, DPV's, material releases, cell payable documents phone billings and other related accounting back-up Prepared by: Name: Lori Brown Title: Police Fiscal Services Supervisor Date: 3/1/2018 Number of boxes to be destroyed: 40 CONSENT BY: In, &cting•Chief of Police Santa Ana Police Department Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. - Page 1 q§E-3 It 19E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2016 TITLE; RECEIVE AND FILE CRIME REPORT UPDATE AND COMPARISON FROM CALENDAR YEAR 2016 TO 2017 {STRATEGIC PLAN NO. 1, 1f} Ch`Y MANAGER Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: 0500• _r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2no Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO On April 17, 2016 the City Council of the City of Santa Ana requested a crime report update. The attached exhibit contains the requested comparison of crime information, specific to homicide and shooting incidents from calendar year 2016 to 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 — Community Safety, Objective 1f (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit; 1. Violent Crime and Shooting Comparison — 2016 to 2017 --Ravi -Valentin Chief of Police Santa Ana Police Department 19F-1 19F-2 To. Honorable Mayor and City Council From: Police Chief David Valentin Date: May 10, 2018 Subject: Violent Crime and Shooting Comparison — 2016 to 2017 Attached is the requested comparison of crime information, specific to homicide and shooting incidents from calendar year 2016 to 2017. Of note, are the following highlights as a result of staffing re -allocation and re -prioritized targeted efforts to reduce violent crime in our City. I# -Violent crime and specifically, gang related crime response is based on a defensible three - pronged strategy of; Education, Prevention/Intervention and Enforcement ►Shooting incidents have been reduced by 20.21% 0- Overall homicide incidents have been reduced by 8.7% ► Assault with deadly weapon involving firearms reduced by 48.89% 0- Based on a re -allocation of existing resources, the Police Department provides 7 -day a week, Proactive gang suppression enforcement ►The Gang Unit led efforts in 2017 that directly led to a 27% increase in gun seizures, compared to 2016 and the highest number of gun seizure in 10 years by the Gang Unit ►The Patrol Division, concurrently led efforts in 2017 to a 22% increase in overall gun seizures, compared to 2016 ►Since 2017, Department wide focus has been clearly established on proactively removing guns off the streets, in order to directly impact the rates of violent crime (a clearly established correlation) ►The Department will continue to consistently evaluate incidents of crime, crime trends, regional crime data and intelligence to address violent crime, specifically gang related crime Res ectfully, AVID VALENTIN CHIEF OF POLICE f 19F-3 MEMORANDUM To: Chief Valentin From: Deputy Chief McGeachy Date: May 3, 2018 Subject: Violent Crime and Shooting Comparison — 2016 to 2017 Background The Santa Ana Police Department has taken a leadership role in reducing violent crime in our City and across the region. The Department's Crimes Against Persons Division, and the Gang Unit specifically, has adopted a multi -faceted approach that includes education, prevention/intervention, and enforcement. Working with internal and external stakeholders, the Department aggressively targets gang crime and street -level violence in a manner that sends a clear message of accountability to the offenders while working in partnership with the community to increase public safety and quality of life through trust and respect. Analysis Efforts to obtain a comprehensive understanding of crime in any community can be challenging due to the multitude of factors that affect criminal activity'. To achieve a baseline understanding of violent crime in the City of Santa Ana, the Federal Bureau of Investigations publishes statistical data annually through the Uniform Crime Report (UCR), which provides a good overview of our City. However, it is also important to acknowledge that the label "violent" is not always an accurate reflection of the actual crime. For instance, aggravated assaults could include an attempted crime (no actual injury) and robberies could be achieved through fear of possible harm without the actual use of force. The table below identifies Part I violent crime reported to the FBI: • Although Part I violent crime rose by 1.7% from 2016 to 2017, the City of Santa Ana saw an 8.7% decrease in homicides and an 11.8% decrease in aggravated assaults during the same period. • UCR data lacks specificity when analyzing street -level violent crime and, in particular, those crimes that are largely associated with criminal street gangs. • While crimes could potentially be gang related, the motive for each crime is not always clear to the Department at the time of the report. • The Santa Ana Police Department conducts a monthly analysis of crimes reported to the Department that are generally associated with criminal street gang activity to gain a better understand of those ' his://ucr.fbi.gov/ucr-statistics-their-orooer-use z Data has yet to be verified and published by the FBI 19F-4 Uniform Crime Repo Violent Crime Data 2016 2017' Change 2016 to 2017 r (1" Quarter)' Homicide 23 21 -8.70% 5 Rae 142 188 32.39% 44 Aggravated Assaults 936 826 -11.75% 184 Robbery 511 605 18.40% 117 Total Part I Violent Crime 1,612 1,640 1.70% 350 • Although Part I violent crime rose by 1.7% from 2016 to 2017, the City of Santa Ana saw an 8.7% decrease in homicides and an 11.8% decrease in aggravated assaults during the same period. • UCR data lacks specificity when analyzing street -level violent crime and, in particular, those crimes that are largely associated with criminal street gangs. • While crimes could potentially be gang related, the motive for each crime is not always clear to the Department at the time of the report. • The Santa Ana Police Department conducts a monthly analysis of crimes reported to the Department that are generally associated with criminal street gang activity to gain a better understand of those ' his://ucr.fbi.gov/ucr-statistics-their-orooer-use z Data has yet to be verified and published by the FBI 19F-4 criminal acts. This analysis expands on the generalized data above to identify crimes that include the unlawful discharge of a firearm (i.e. assault with a deadly weapon (ADW), shooting at an inhabited dwelling or vehicle, or crimes where a firearm was present but not discharged). Homicide and Assault with a Deadly Weapon Crime Data 2016 2017 Change (%) 2016 to 2017 2016 2017 16.67% Change 2016 to 2017 2018 1" Quarter) Homicides — Firearm Related 15 15 -8.7% N/A 2 Homicides —Not Firearm Related 8 6 -25.00% 3 ADW — Shooting 292 233 -20.21% 44 ADW 357 400 12.04% 73 ADW — Firearm Involved 45 23 --48.89% 7 Total Homicides and ADWs 717 677 -5.58% 129 • It is important to examine homicide cases to determine those that are gang related as compared to those carried out for some other motive. • Because the motive for the crime is not always readily apparent to the investigator, homicides identified as gang related were either verified or classified based on information known about the suspect and/or victim involved in the crime. • It is also important to note that these numbers are subject to change as more information becomes available throughout the course of the investigation, which can last for several years or more. Homicide Crime Data 2016 2017 Change (%) 2016 to 2017 2018 1" Quarter) Homicides — Gang Related 12 14 16.67% 1 Homicides — Not Gang Related 11 7 -36.36% 4 Total Homicides 23 21 -8.7% 5 • Of the 12 gang homicides committed in 2016, 11 of those involved a firearm. • In 2017, 13 of the 14 gang related homicides involved a firearm. • The only gang related homicide thus far in 2018 was committed with a firearm. • Conversely, only four of the 11 non-specific (not gang related) homicides in 2016, two of the seven in 2017, and one of the four in the first quarter of 2018 involved a firearm. • These statistics highlight the ongoing public safety concerns for the community with street level gang activity and the need to maintain a strong focus in this area. Conclusion While there was a slight overall increase in 2017, the outlook for street -level violent crime was positive in relation to the categories of homicides and assaults with a deadly weapon most associated with criminal gang activity. Furthermore, the current activity level, if sustainable throughout the balance of the year, indicates a potential for further decreases in these statistical categories. The Santa Ana Police Department continuously gathers and monitors intelligence that affects street -level violent crime. Using this information in combination with traditional policing methods, the Department has made a significant impact on street -level violent crime through a concerted effort to seize illegal firearms. 19F-5 In 2017, the Gang Unit realized a 27% increase in gun seizures over 2016 while the Patrol Division saw a 22% increase in firearm seizures during the same period. The Santa Ana Police Department will continue to aggressively understand and address violent crime in the community to ensure the safest possible conditions for those that live, work, and visit our community. These efforts include technology and human resources in partnership with the community, the school district, non-profit organizations, various law enforcement agencies, and governmental entities such as the District Attorney's office to maximize our platform of education, intervention/prevention, and enforcement. 19F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE APPROPRIATION ADJUSTMENT AND PURCHASE AGREEMENT FOR VACANT LAND FOR FUTURE WATER WELL FACILITY (NONGENERAL FUND) {STRATEGIC PLAN NO. 61 1} CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the real property located at 202 South Flower Street (APN 008-213-32), and goodwill, if any, with Thang T. Nguyen, in an amount of $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an Appropriation Adjustment recognizing $200,000 from prior year fund balance in the Water Utility revenue account, and appropriating the same into the Water Utility Capital Projects expenditure account. DISCUSSION The City of Santa Ana Public Works Agency manages the Water Enterprise which is charged with satisfying the water demands of the City's 340,000 -plus residents and businesses. On average, the City provides about 31 million gallons of high quality potable water per day. The Water Enterprise meets the water demands of the community primarily from two sources: local groundwater and imported surface water. The majority of water supplied to the community (about 75 percent) comes from local groundwater sources, which is less costly than the imported surface water sources. To accomplish this, the City's Water Enterprise owns and operates 21 active groundwater wells. In an effort to plan for the continued efficiency and operability of the City's water systems and supplies for future generations, the Public Works Agency has conducted and completed various studies, including a Water System Master Plan, an Urban Water Management Plan, and a computerized water system model. These studies allow the Public Works Agency to responsibly plan for the future needs of the community and to plan water system infrastructure improvements necessary to meet those needs. One of the primary needs that have been identified is the replacement of older ground water wells with new ones to retain groundwater source reliability. 20A-1 Purchase Agreement for Vacant Land for Future Water Well Facility May 15, 2018 Page 2 Property acquisitions are necessary to accommodate future water system groundwater wells. Public Works Agency staff has identified ideal areas for future groundwater wells based on water system hydraulic analyses. An ideal area for the City's next groundwater well is in the vicinity of the existing Walnut Pump Station near the intersection of Flower and First Streets, and staff has identified a vacant lot (Exhibit 1) that is suitable for this purpose. A purchase offer was made based on the appraised value prepared by a State licensed appraiser, and the offer was accepted by the property owner. The purchase price for the acquisition is $200,000, and is shown in the corresponding agreement (Exhibit 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action FISCAL IMPACT The appropriation adjustment will recognize and appropriate $200,000 of prior year fund balance in the Water Utility revenue account and facilitate an interfund budgetary expenditure transfer as follows: Account Number Description Revenue Expense 06017002-50001 Water Utility Prior Year Fund Balance $200,000 06017019-68000-66 Water Utility Interfund Transfer $200,000 06617002-59000-60 Water Capital Projects Interfund Transfer $200,000 06617647-66100 Water Utility Capital Projects Land $200,000 The approved appropriation adjustment will make funds available for expenditure in Fiscal Year = 2017-18. Edwin "William" Galve , P.E. Acting Executive Director Public Works Agency FWNS/RR Exhibits: 1. Location Map 2. Agreement for APN 008-213-32 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A-2 WALNUT ST 920 99 sos aPrT o0s-z�=a� ; 208 210 214 218 98 224 I EGEND: F-1/17,77/1 - SUBJECT PROPERTY i. SANTA ANA P■ `A IC■ CITY COUNCIL uV f� PIR WOMAMM 722 2 W O EXISTING WALNUT [i I PUMP STATION WALNUT ST EXHIBIT 1 N.T.S. o CITY OF SANTA ANA 0 PUBLIC WORKS AGENCY APPROVE PURCHASE AGREEMENT OF VACANT LAND FOR FUTURE WATER WELL PAGE 1 OF 1 FACILrrY (NONGENERAL FUND) (STRATEGIC PLAN NO. 6,1) 900 915 909 ns ns 120 WALNUT ST 920 99 sos aPrT o0s-z�=a� ; 208 210 214 218 98 224 I EGEND: F-1/17,77/1 - SUBJECT PROPERTY i. SANTA ANA P■ `A IC■ CITY COUNCIL uV f� PIR WOMAMM 722 2 W O EXISTING WALNUT [i I PUMP STATION WALNUT ST EXHIBIT 1 N.T.S. o CITY OF SANTA ANA 0 PUBLIC WORKS AGENCY APPROVE PURCHASE AGREEMENT OF VACANT LAND FOR FUTURE WATER WELL PAGE 1 OF 1 FACILrrY (NONGENERAL FUND) (STRATEGIC PLAN NO. 6,1) 20A-4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, 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, Thang T. Nguyen, as his sole and separate property (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 202 S. Flower Street, Santa Ana CA) (APN: 008-213-32) 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 Commonwealth Title Company at 4100 Newport Place Dr. Suite 120 Newport Beach, 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 13 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 HUNDRED THOUSAND DOLLARS ($200,000.00) 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 20A-5 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company at 4100 Newport Place Dr. 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 "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 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, 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, severance damages, the total sum of Two Hundred Thousand Dollars ($200,000.00). 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: (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 20A-6 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. a. No later than three (3) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property, and shall leave the Property in a broom swept condition. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date, unless a prior written agreement has been made with the City or its representatives. 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. 9. 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. 10. 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. 11. Acknowledgement of Full Benefits and Release. By execution of this Agreement, Seller 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 damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, 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. 12. 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 12651 Cardinal Avenue Garden Grove, CA 92843-4207. 13. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 14. 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. 15. 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 20A-7 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 sec. (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 seg. (42 U.S.C. S9601). 16. 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. 17. 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. 18. 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. 19. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 20. 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. 22. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20A-8 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. (Signatures on Next Page) 20A-9 SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS SELLER: Thang T. Nguyen By: Its: I1W.1 r yc. CITY/BUYER City of Santa Ana Raul Godinez If City Manager ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: , i Q J M. Funk L A istant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez Acting Executive Director Public Works Agency Date: 4NIIP ,2018 Date: 12018 Date: MIT[; Date: j S 2018 Date: 20A-10 2018 EXHIBIT "A" LEGAL DESRIPTION Portion of Lots 5 and 6, Block O, Pine Street Tract, per map recorded in Book 8, Page 59 of Maps, in the office of the County Recorder, County of Orange. Assessor's Parcel Numbers: 008-213-12 20A-11 EXHIBIT "B" (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 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. 20A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: RECOGNIZE RECEIPT OF COUNTY OF ORANGE PROP 69 FUNDS FOR REPLACEMENT OF THE POLICE DEPARTMENT'S EVIDENCE FREEZERIREFRIGERATOR {STRATEGIC PLAN NO. 1, 1} r r CI MANAGER RECOMMENDED ACTION t•344WI-1*0 :IA's APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Recognize receipt of $100,000 in County of Orange Prop 69 grant revenue in the Police Special Revenue Fund. DISCUSSION In November 2004, California voters passed Proposition 69 DNA Fingerprint, Unsolved Crime and Innocence Protection Act of 2004 to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. On December 15, 2017 the County Prop 69 Committee approved the allocation of 2017 DNA Identification Fund revenues and estimated funding totaling $675,000. The Committee voted to allocate $619,132 county -wide in one-time funding requests to enhance the DNA program for local law enforcing entities and County Departments and set aside $55,868 for future funding requests. Santa Ana PD was awarded $100,000 of the $619,132 awards to replace the refrigerator/freezer unit in the Police Department's Evidence Section. The County Board of Supervisors approved Prop 69 Committee's recommendations at their February 6, 2018 meeting. The existing refrigerator/freezer unit is 20 years old and has reached the end of its useful life. Specifications for the new unit are currently being developed, and once the bid process has been completed, staff will seek Council approval of the award of contract. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 — Community Safety, Objective #1 (Modernize the Community Policing philosophy ko improve customer service, crime prevention and traffic/pedestrian/bicycle safety) 21A-1 Prop 69 Appropriation Adjustment May 15, 2018 Page 2 Receipt and the related expenditure of $100,000 in County of Orange Prop 69 grant funds will occur during FY 2018-19. Monies totaling $100,000 will be included within the Police Special Revenue account (no. 02414002 57000) and appropriation will be made to the Police Special Revenue — Programs expenditure account (no.02414410 66400) during the budget process for FY 2018-19. APPROVED AS TO FUNDS AND ACCOUNT: David Vale Francisco Gutierrez e� Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency 21A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: CONTRACT AWARD TO OLD AMERICAN, INC. FOR HEWLETT PACKARD SUPPORT CONTRACT RENEWAL (SPECIFICATION NO. 18-032) (STRATEGIC PLAN NO. 6,11F) K19A CIV �ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Old American, Inc. for the purchase of Hewlett Packard support contract renewal in the total amount $39,432 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's two data centers support the continuous City business operations on a 24 hours a day/ 7 days a week/ 365 days a year (24/7/365) cycle. In order to provide this service level, the Information Technology Department maintains the computer infrastructure with manufacture supported 24/7/365 maintenance contracts. The Hewlett Packard servers and storage equipment within the data centers require provisions with access directly to the manufacturers' technical support centers. This level of support allows the manufacture to interactively diagnose system difficulties and provide solutions 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. The notice inviting bids was advertised on April 9, 2018 and offers were solicited. A summary of the bids and offers received is as follows: 284 Vendors were notified 26 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 3 Bids received 22A-1 Contract Award for Hewlett Packard Support Contract Renewal May 15, 2018 Page 2 Three bids were received and opened on April 27, 2018, and evaluated. The results are as follows: Vendor Location Amount Old American, Inc. Newport Beach, CA $ 39,431.84 LogixService, Inc. San Clemente, CA $ 42,050.58 Golden Star Technology, Inc. Cerritos, CA $126,598.07 The bid received from Old American, Inc. is responsive to the specifications and meets the City's requirements. 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), Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair, and /or replacement costs in future budgets). FISCAL IMPACT Funds for FY 2017-18 are available in the amount $39,432 in the Information Systems Strategic Plan Maintenance and Support account (no. 10920147-62307). Jack4a a iulla Chi Technology Innovations Officer Information Technology Department EG/SM APPROVED AS TO FUNDS AND ACCOUNTS: - Francisco Gutierrez to Executive Director Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR SLURRY SEAL IMPROVEMENTS ON FLOWER STREET FROM SUNFLOWER AVENUE TO MACARTHUR BOULEVARD, AND ON MACARTHUR BOULEVARD FROM RAITT STREET TO BRISTOL STREET (PROJECT NOS. 18-6916 & 18-6917) {STRATEGIC PLAN NOS. 6, 1B, 1C & 1G} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $569,366, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Slurry Seal Improvements on Flower Street from Sunflower Avenue to MacArthur Boulevard, and on MacArthur Boulevard from Raitt Street to Bristol Street, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $829,082 which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $174,311. DISCUSSION The City's Pavement Management Program has identified the arterial street segments of Flower Street from Sunflower Avenue to MacArthur Boulevard, and MacArthur Boulevard from Raitt Street to Bristol Street, as high priority for slurry seal improvements (Exhibit 1). The recommended work consists of preparing the roadway by performing minor preparatory pavement repairs, localized replacement of asphalt concrete pavement, followed by crack sealing treatment, and then slurry seal resurfacing, striping, and signage. The. improvements also include replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disability Act standards. 23A-1 Award Contract to All American Asphalt for Slurry Seal Improvements Flower Street and MacArthur Boulevard May 15, 2018 Page 2 A Notice Inviting Bids was advertised on March 23 and 28, 2018, and bids were opened on April 16, 2018. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 3 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $569,366 2 Hardy & Harper Santa Ana $613,000 3 RJ Noble Orange $654,395 4 j Excel Paving Co Long Beach $654,994 A total of four bids were received and all bids were deemed responsive. All American Asphalt submitted the lowest responsive bid in the amount of $569,366 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt in the amount of $569,366 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2018-41 and ER -2018-42 were filed for the project 18-6916 and 18-6917. 23A-2 Award Contract to All American Asphalt for Slurry Seal Improvements Flower Street and MacArthur Boulevard May 15, 2018 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $829,082, which includes construction contract, administration, inspection, testing, surveying, and an authorized contingency of $174,311. Funding is available in the Select Street Construction Road Maintenance and Rehabilitation Account fund (Account No. 05917665-66220) for projects 18-6916 and 18-6917 in the amounts of $218,082 and $611,000, respectively, for expenditures in Fiscal Year 2017-18. Acting Executive Director Public Works Agency EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez(o� q� Executive Director Finance & Management Services Agency 23A-3 23A-4 Map Legend 1111111111 Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. 1111111111 MacArthur Boulevard Slurry from Raitt St. to Bristol St. � SANTA ANA City Council Project Nos. 18-6916-&18-6917: PWA Agenda Date: Flower Street and MacArthur Boulevard PUBOCWUIIKSAGENCY May 15, 2018 Slurry Projects 23A-6 Exhibit 2 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: 18.6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAM ST. TO BRISTOL ST. BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt 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 230 CY $120 -0 0 $ 2700-00 2 Cold Mill (2") 63,200 SF $ ,201 $)9'32-U6 3 AC Pavement (Asphalt Concrete) 340 TN $ V. U0 $ 2°1590.0 0 4 Asphalt Rubber Hot Mix (ARHM) 1,420 TN $ 09.00 $ 141(090.00 5 Rubberized Emulsion Aggregate Slurry (REAS)Type11��31p00 270 TN $ 000-00 $ 00 6 Crack Sealing (Flower St.) 1 LS $ $200.00 $ &,00.00 7 Crack Scaling (MacArthur 131vd.) 1 LS $5106.00 $ S100.00 8 PCC Sidewalk 470 SF $ 1sso $ U;45;UO 9 PCC Curb 8a Gutter (Type A-2-8) 75 LF $ 1Z1, or) $ 01 Dj 5, 00 10 PCC Curb Ramps 1,200 SF 811,0U $2'L$00' -OU 11 PCC Driveway (T=8") 400 SF 119,00 $ -1 uoo , 00 12 TtuncatedDome 3 EA $50106.00 $11106.00 P-1 of P-17 23A-7 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: 18-6916 FLOWER ST, SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD, PROJECT NO,: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. ItemPFInishGrade ption Qty Unit YTnitPrice Amount 13ave 1 EA $ 1100.00 $ 1100,06 14Metal Pull Box Frame and Cover to 2 EA $ (050 • UU $ 13Uw DU 15Manhole Frame &Cwar to -Finish Grade 10 EA $ arj�,UO $�51U•UU 16 FnmishandInstallWaterValveFmmeand Cover to Finish Grade B BA $QQO.UU $ (p�UO•UU 17 Furnish and Install New #6 Pull Box 4 EA $ ( qo • U 0 $ Z� IRU _I00 18 Protection of Surface Utility Frames & Covers (FlowerSt,) 1 IS $Uj50•UU $g50.UU 19 of Surface Utility Frames &Covers Prote(MacArthur (MaoArthur Blvvd.) 1 LS $ q 0.00 $ q 50 0U 0 20 Temporary ConsnuctionSign 3 EA $ IlUU.00 $ �30U • 00 21 Project advertisement sign 4 EA $ �05U.00 T-42:0-0. UO 22 Fumish and Install Traffic Loops Type D fi 28 EA 23 Fumish and Install TrafScLoops Typo Et 67 EA $ZUA•Dt7 $13y3ia,00 24 Signing and Striping (Flowerst,) 1 LS $ g2oo.UU $GJ 2,0,,0, 25 Signing and Striping(MacArthurBlvd,) 1 LS $1j0oo.Od $ 11U00.00 26 Labor Agreement Oversight 1 LS $ 15,000 $ 15,000 P-2 of P-17 23A-8 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: I8-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. TOTAL BASE BID $ 5(o9, '%p (p. 0 0 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). f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within forty-five (45) working days after the commencement date stated in the Notice to Proceed. All work must be completed by August 31, 2018 The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Nae of Firm AII American Asphalt Signature of BIDDER Title Edward J. Carlson Vice President (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, Treasiicer,and Manager; thereof.) All American Asphalt -Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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 BIl Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-4 of P-17 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E -Mail Address: publicworks(u)allamericanasphalt.com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073 A. C-12 License Expiration Date: 1-31-2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6-30-2018 LAIJ Signed: F "44-71,41 . Title: Edward J. Carlson, Vice President P-5 of P-17 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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 All American Asphalt Signature of BIDDER Title Edward, (if an individual, so All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-6 of P-17 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) �du,o�fd) Gal Ibon being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she Is a member of the co -partnership firm designated as: and %%lip has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members ofthe co -partnership. CORPORATION That Ire is of. —_ All American Asphalt the Vice President 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 ofrBidder fdward J. Carlson, Vice President Subscribed and sworn to before me this day of 20 *Please see attached California Jurat* Signature of officer Administering Oath (Notary Public) P-7 of P-17 23A-13 CALIFORNIA JURAT GOV CODE1 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 Riverside COURTNEY CHAPAS . ..... Notary Public - California ¢ :-,g , Riverside County z Commission ✓f 2172084 M Comm. Ex iras Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 13th day of April . 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature -b CNV Place Notary Seal Abov Signatueof NotalPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 4-13-2018 Number of Pages: 1 Signer(s) Other Than Named Above: None 23A-14 CITY OF SANTA ANA Bond 09597423 Bid Dalte:o:04/1612019 PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. fflffl:• / KNOW ALL PRESENT that, All American Asphalt , 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 of Total Amount Bid--- Dollars ($10% of Bid ), which is ten percent (109/6) 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 4th day of April —12018. BIDDER* 197tI:P.I:fL M1TISfPA11VIC112IL UIr] SURETY* Fidelity and Deposit Companv of Maryland - 777 S. Figueroa Street. Suite 3900. Los Anoeles. CA 90017 David Wei (213) 270-0600 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me "Please See Attached•• this day of ,20—. 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-8 of P-17 23A-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 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. accuracv. or validity of that document. State of California County of Riverside On April 13, 2018 before me, Courtney Chavas, Notary Public Data Here Insed name and Idle of i;.—Officer personally appeared Edward J. Carlson Names) of Signers) --�� COURTNEY CHAPAS rVNotary Public - California z4 Riverside County Zz Commission # 2172884 My Comm. Expires Nov 20, 2020 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 hel&heAhey executed the same in his1hef4heir authorized capacity(ies), and that by his/he4their signature(a) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and officipl seal Signature Place Notary Seal Above Signa Dof Notan ublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: Anri14, 2018 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(&) Signer's Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President o Partner n o Limited o General o Attorney in Fact o Trustee Top of avanb beta ❑ Other: if CorporateOffLce o Partner 17 ❑ Lim o Attorney in Fact ❑ Trustee o Other: 23A-16 Title(s): _ o General Top of Numb bare CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § IMS 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 04/04/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rcbccca Haas -Bates NameKof SlgnerN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is/bm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity I�, and that by his(her/the& signaturej4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ A. MACFIA NE Notary Public—California z jOrange County Y Commission x 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above 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 Signature of Notary Public 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: Bid Bond Number of Pages: One 1 Signer(s) Document Date: 04/04/2018 Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual RAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: MAIM01mir • •a `•` • •, L• ia1 i•r •r 23A-17 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-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 1, 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 By -Laws 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 Seal 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 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, 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 force and effect as though manually affixed. N TESTIMONY WHE OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this i day of ik�Jt/'1 r .20 L. a��' • Ulm a e v y t}a� I a Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y2% 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 OW 0 License #/Exp. 3 DIR Reg. #/Exp. 16000 USS 41 Location 616AQ P Phone —4;S Type Of Work 31 Amount $ 2-Y. iS , 0 0 Name 5(hli'loY1 �Pv1Y�c. License #/Exp. _kj 1 � S I $ DIR Reg License Location Phone Type Of Amount Name MD -CRA-CRA�� =Z*610, fj'11 License #/Exp. 610 U l0 ` u DIR Reg. #/Exp. / dduo o r0µ3 9 License # 8 (p (0 Rul Location ! rVyif- Arid Phone 31 Type Of Work a7A - ID(1.1 Amount$ 1314W.od Signature of Bidder Edward J. Carlson, Vice President Name License #/Exp. DIR Reg.#/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David (909) 477-2740 Name and Telephone Number of person familiar with project, $1,130,470.00 Pavement Reabilitation 07/2017 Contract Amount Type of Work Date Completed 2. City of Temecula 41000 Main Street Temecula, CA 92590 Name and Address of owner. William Becerra (951) 694-6444 Name and Telephone Number of person familiar with project. $2,577,770.00 Pavement Rehabilitation 11/2017 Contract Amount Type of Work Date Completed 3. Town of Apple Valley -14955 Dale Evans Parkway Apple Valley, CA 92307 Name and Address of owner. Rich Berger(760)240-7000 Name and Telephone Nur $849,182.00 Contract Amount Road Rehabilitation Type of Work 11/2017 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. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S, Fiqueroa Street #3900 Los Anoeles. CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine, CA 92620 (949) 857- 4500 Edgewood Partners Insurance Center (insurance) 3633 Inland Empire Blvd. Suite 640 Ontario, CA 91764 P-10 of P-17 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1, City of Victorville 14343 Civic Dr. Victorville, CA 92392 Name and Address of Owner. Carlos Seanez (760) 955-5162 Name and Telephone Numb $251,008.00 Paving Prolect 06/2017 Contract Amount Type of Work Date Completed 2. City of Santee 10601 Magnolia Avenue Building 4 Santee, CA 92071 Name and Address of owner. Toby M. Espinola (619) 25814100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal 10/2017 Contract Amount Type of Work Date Completed 3. City of Yucaipa- 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. John Larose (909) 797-2489 Name and Telephone Number of person familiar with project. $252,379.06 Micro -Surfacing 08/2017 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. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Figueroa Street #3900 Los Angeles, CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine, CA 92620 (949) 857- 4500 Edgewood Partners Insurance Center (Insurance) 3633 Inland Empire Blvd. Suite 640 Ontario, CA 91764 P-11 of P-17 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Edward -J. Carlson, State of California County Of Riverside President Subscribed and sworn to (or affirmed) before rile on this _ day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me "Please See Attached" Notary Public Signature Notary Public Seal P-12 of P-17 23A-22 CALIFORNIA GOV CODE8202 g T._-cY•$3 r �-'t_ -k - -3Faa 6'm`�3`' 9S��r'��'a. elG 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 Riverside Subscribed and sworn to (or affirmed) before me on this 13th day of April 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature W �U (tenA _ np 1�pq.t'Jn� Place Notary Seal Above SignatdrA of Not4 Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: 4-13.2018 Number of Pages: 1 Signer(s) Other Than Named Above: 23A-23 COURTNEY CHAPAS California Notary Public - z a Riverside County zCommission 4 2172984 M Comm. Expires Nov 20.2020 Subscribed and sworn to (or affirmed) before me on this 13th day of April 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature W �U (tenA _ np 1�pq.t'Jn� Place Notary Seal Above SignatdrA of Not4 Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: 4-13.2018 Number of Pages: 1 Signer(s) Other Than Named Above: 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO 1VIACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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 Hiles, 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 invoiced as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 23A-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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 Ch` �� Signed: �✓� Title: Edward J. Carlson, Vice President Firm: All American Asphalt �f Date: I�t d�1g P-14 of P-17 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 11113lMy P-15 of P-17 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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. Signed: f Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 1111W019 P-16 of P-17 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6916 FLOWER ST. SLURRY: SUNFLOWER AVE. TO MACARTHUR BLVD. PROJECT NO.: 18-6917 MACARTHUR BLVD. SLURRY: RAITT ST. TO BRISTOL ST. 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 V If the answer is yes, explain the circumstances in the following space. N/A P-17 of P-17 23A-28 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez P. David Benavides Vicente Sandento Jose Solorio Sal Tlnajero Juan Villages April 11, 2018 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 v .santa-ana.orn CITY MANAGER Raul Godlnez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar SUBJECT: PROJECT No. 18 6916: Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. PROJECT No. 18 6917: MacArthur Blvd. Slurry from Raitt St. to Bristol St. The following changes have been made to the Specifications of the subject projects. Specifications 1. BID PROPOSAL, P-1, 2, & 3 of P-17: Replace Page P-1, 2, & 3 of P-17 of the Bid Proposal with the attached. 2. APPENDIX G, Individual Project Quantities: Replace Individual Project Quantities with the attached. All other terms and conditions remain the same. FOR THE CITY OF TA ANA Edwin "William" Galvez City Engineer Public Works Agency 23A-29 SANTA ANA CITY COUNCIL N6aeel A PUWO AStld¢ 6brErrez I Nvsde Samdento E Jose Sdad" I R Dadd Dere Mayor Mayor Pto rem. warm I WardI 1Yrertl9 W&d4 Wulld.O.ta ene.ora MMadineilmaantaane.am f t VaarmIyWasanla•ana.ar" JSdndudsanaiana.ao _I C)Fkq 1 AdesPolSaMaana 23A-29 23A-30 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NOS. 18-6916 & 18-6917 FLOWER STREET AND MACARTHUR BOULEVARD SLURRY PROJECTS This CONSTRUCTION CONTRACT is made and entered into this 15'b day of May, 2018 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR'). 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 Flower Street and MacArthur Boulevard Slurry Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Sixty -Nine Thousand Three Hundred and Sixty -Six Dollars ($569,366.00), 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. mv.09/01/20n 23A-31 Page 1 of 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. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hftp://www.santa-ana.orW-owa/documents/CWA.pd 7. 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. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-32 Page 2 of 3 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 By: Z J6 -FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: All American Asphalt EDWARD J. CARLSON Vice President 23A-33 Page 3 of 3 23A-34 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-6916 & 16-6917: Flower Street Slurry from Sunflower Ave. to MacArthur Blvd. and MacArthur Boulevard Slurry from Raitt St. to Bristol St. projects EXHIBIT 4 23A-35 23A-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENT WITH BLUE 0❑ TECHNOLOGIES SMART SOLUTIONS TO INSTALL AND IMPLEMENT WANAGE p DOCUMENT MANAGEMENT SYSTEMS 0 {STRATEGIC PLAN NO. 7,5} RECOMMENDED ACTION As Recommended As Amended Ordinance on 151 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Blue Technologies Smart Solution (BTSS), upon approval by the City Council, to install and implement iManage Document Management Systems, for a term beginning June 1, 2018 through July 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. The June 1, 2018, start date reflects the implementation period with a scheduled start date for the iManage system to be functional by August 1, 2018. The effective period for the iManage subscription will be a three (3) year period from August 1, 2018 until July 31, 2021. The total amount to be expended for the term of the agreement shall not exceed $120,845, which includes a contingency amount of $12,000 to pay for additional services related to the implementation costs. DISCUSSION In 2016, the City Attorney's Office renewed its agreement with Thompson Reuters, a subsidiary of West Publishing Corporation, for its legal management and research software services known as Concourse and Westlaw Next. Concourse has provided to the City Attorney's Office ("CAO") a legal and document management system to maintain its case files, legal research and related materials to allow the department a method to provide reliable and efficient methods to locate case materials: Unfortunately, the CAO has met with repeated and on-going technical difficulties in the use of Concourse which were not able to be resolved with Thompson Reuters. In early 2017, the CAO requested presentations and quotes from three different vendors in the industry to replace Concourse as a legal management system. The CAO focused its search on several factors including: Ease of Use; Innovation in the Industry; Mobile Capabilities and the broad application of the management systems for use within the department for the various work handled involving litigation and transactional law. 25A-1 Agreement with Blue Technologies Smart Solutions May 15, 2018 Page 2 After review, the CAO determined that the iManage Document Management Systems, offered by Blue Technologies Smart Solutions, was the best fit for the department. iManage is an industry leader in the legal profession that will not only provide the department with a proven and efficient document management system, but it will be one with mobile capabilities, ease of use and data file sharing technologies that other data management companies are just catching up to. The costs for the implementation and installation of the system are the largest cost factors to the agreement at $36,845. In addition, the CAO requests a contingency amount of $12,000 to cover unforeseen costs and services provided at the sole discretion of the City. This will allow the CAO to work with Blue Technologies to design the system to fully match City requirements for current and future years. Subscription costs to the iManage system are $24,000 annually. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City' s effort to meet Goal# 7- Team Santa Ana, Objective 5 create a culture of innovation and efficiency within the organization). FISCAL IMPACT Funds are available in the City Attorney's Contract Services -Professional account (no. 01108032 — 62300) for FY 2017-18, and will be budgeted in future fiscal years as follows: Fiscal Year Amount 2017-18 $36,845 2018-19 $36,000 2019-20 9 $24,000 2020-21 $24,000 Total $120,845 APPROVED AS TO FUNDS AND ACCOUNTS: ,,Z \X 144. 11 `L� � , Sonia R. Carvalho Francisco Gutierrez City Attorney Executive Director S 'n City Attorney's Office Finance & Management Services Agency Jac iulla Chi Technology Innovations Officer Inf mation Technology Exhibit: 1. Agreement with_Blue Technologies Smart Solutions LLC 25A-2 ■ IU' e Technolo ies i to Smart Solutions COMMITMENT TO EXCELLENCE - EVERYDAY iManage GOLD Partner Proposal for: City of Santa Ana/City Attorney's Office Project: iManage Cloud - Professional Services and Training Prepared by: David Cramer Manager, Business Development Prepared on: April 191h, 2018 2SA=3 - BlueJOChnolooles Smart Solutions Legal and Professional Services Table of Contents Solution Overview............................................................................................. 4 WHY IMANAGE WORK AND BTSS?.................................................................................4 FEATURES: ........................................................................................................ 4 ProjectParameters............................................................................................ 6 ProjectPlan..................................................................................................... 7 DESIGNPHASE....................................................................................................7 IMPLEMENTATION PHASE..........................................................................................7 FOLLOW-UP PHASE...............................................................................................8 ADMINISTRATOR TRAINING........................................................................................8 SUPPORTCENTER.................................................................................................8 PROJECTMANAGEMENT...........................................................................................8 (Manage Cloud Pricing........................................................................................ 9 Professional Services and Training.......................................................................10 Estimated Pricing Summary ................................................................................12 Termsand Conditions........................................................................................12 Acceptance - City of Santa Ana/City Attorney's Office..............................................12 TERMS AND CONDITIONS OF SALES AGREEMENT........................................................ 13 Copyright and Confidentiality Notice Material contained In this document Is proprietary to Smart Solutions and Blue Technologies Smart Solutions LLC and Is to be treated confidentially by all recipients. Acceptance of delivery of this material constitutes acknowledgment of the confidential relationship under which disclosure and delivery are made. No port of this publication may be reproduced or transmitted In any farm or by any means, electronic or mechanical, Including photocopy, recording, or any information storage and retrieval system without permission in writing from Blue Technologies Smart Solutions LLC 5885 Grant Avenue, Cleveland, ON 44105. Blue Technologies5mart Solutions LLC, Confidential 25A-4 Page 2 oJ15 BIORTechnologles Smart Solutions ,•a..°�,., a• Legal and Professional Services April 191, 2018 City of Santa Ana/City Attorney's Office Mr. David Quintana 20 Civic Center Plaza, M-29 Santa Ana, CA 92701 Dear Mr. Quintana, Blue Technologies Smart Solutions, LLC ("BTSS") is pleased to present this proposal to the City of Santa Ana/City Attorney's Office for iManage's Document Management System. We are eager to work with you to improve your document management and collaboration environment using the iManage Cloud solution, and we appreciate your consideration. BTSS has been a strategic GOLD level partner with iManage for over 18 years providing product marketing and sales, project design, implementation, training and support. BTSS has a wide array of experience with iManage projects ranging from a 5 -user installation to a 5,000 -user global law firm rollout. Thank you again for considering BTSS and iManage for your document management needs. We are excited about the opportunity, and committed to working with you to provide you with a reliable and effective document management solution. Please direct any questions to my attention. Sincerely, David Cramer Manager, Business Development Legal and Professional Services 216.271.4800 dcramer@btohio.com llfue Techaologies5mort5olutions LLC, Confidential j Page 3 of 15 25A-5 014jechoolooles Smart Solutions Legal and Professional Services Solution Overview City of Santa Ana/City Attorney's Office has requested a pricing proposal for software, professional services and training from Blue Technologies Smart Solutions, LLC ("BTSS") for design, implementation and training services for implementing a document management solution utilizing the iManage Cloud Document Management System. Why iManage Work and BTSS? iManage is a market leading solution suite from the largest and most stable software company in the legal vertical. Over 70% of law firms globally use this product suite. It is recognized by ILTA (international law technology group) as being the legal market leader and having the most growth year on year. Visionary law firms choose iManage Work not just for its ease of use, reliability, technology innovation and market leading functions and features, but for the company's strong strategic vision, financial strength, large investment in legal technology RIiD and ability to provide a full spectrum of related legal focused solutions to meet any need that the law firm may encounter in future. For this reason, many law firms have written off significant existing investments in competing technology products and made a strategic decision to invest in IManage Work. BTSS is a long-term strategic and premium Gold level partner with iManage providing business analysis and advice, software, services and third -party add-ons to deliver a complete solution and ongoing support to the customer. We have a dedicated support center for Work and related legal solutions functional and technical support. Features: This solution when fully implemented will allow City of Santa Ana/City Attorney's Office the following major functionalities: • Ability to import existing and new documents into a secure, scalable repository and work with these documents in a Matter Centric (aka 'Work Product Management') i model. • Ability to create new versions of documents and to have version information captured in the document footer in MS Office applications. • Ability to full text index all document versions and have all versions full text searchable. • Ability to create secure workspaces and folders based on templates. • Ability to create multiple independent document libraries. • Ability to import electronic content like MS -Office documents, email, video clips, images, pictures, sound files, Acrobat files, faxes, text files and other electronic formats into the Work repository. • Full -featured user-friendly document management functionality including comprehensive content search (full text and meta -data search), retrieval capabilities, and related documents. • Outlook integrated Email -filing capability; suggestive filing (Send rt File / File to Work) • Robust security management of content. • Detailed audit trails on document access and modification. Blue Technologies5mortSolutions LLC, Confidential 25A-6 Page 4 of 15 i BIoe�jTechoologies Smart Solutions Legal and Professional Services • Modernized Web and Mobile UI for 'Amazon - like' experience • Secure file collaboration with external parties (Share) • OCR service Blue Technologles Smart Solutions Ur, Confidential Page 5 oJ15 - 2-5A-7 - 810-6�Technolooles Siunrt Solutions Legal and Professional Services Project Parameters The following requirements and details have been specified by City of Santa Ana/City Attorney's Office at this stage and will be used as the preliminary design basis: Client Workstations While it is to be determined the exact client software mix City of Santa Ana/City Attorney's Office will provide to the users, commonly legal assistants and staff will have desktop integration, email management and web whereas the attorneys and paralegals will have all software. End User Training BTSS will provide end user training and include curriculum. Tools BTSS has found the need to utilize third party tools and customizations with some iManage Work deployments. The two areas where we find these needs generally are the matter workspace creation/management process and legacy document import. BTSS sells and Implements a variety of these tools, plus we have created our own utilities and we have an application development team for custom development needs. We prefer to not recommend third party tools or customizations until the Design Phase is complete. While we realize the price of such tools vary greatly, it's our philosophy that we truly need to understand the customer's requirements including budget considerations prior to recommending a solution. Blue Technologles SmaltSolutions LLC, Confidential Page 6 of 35 25A-8 Number of users: 15 Physical locations (offices): 1 Platform: Windows/Intel Email system: Outlook / Exchange Current DMS Solutions Prolaw, Thomson Reuters Concordance, Citylaw, Windows file share City software selected: Desktop integration + Email Management + Modern Web + Mobility + Offline + Secure file I collaboration Client Workstations While it is to be determined the exact client software mix City of Santa Ana/City Attorney's Office will provide to the users, commonly legal assistants and staff will have desktop integration, email management and web whereas the attorneys and paralegals will have all software. End User Training BTSS will provide end user training and include curriculum. Tools BTSS has found the need to utilize third party tools and customizations with some iManage Work deployments. The two areas where we find these needs generally are the matter workspace creation/management process and legacy document import. BTSS sells and Implements a variety of these tools, plus we have created our own utilities and we have an application development team for custom development needs. We prefer to not recommend third party tools or customizations until the Design Phase is complete. While we realize the price of such tools vary greatly, it's our philosophy that we truly need to understand the customer's requirements including budget considerations prior to recommending a solution. Blue Technologles SmaltSolutions LLC, Confidential Page 6 of 35 25A-8 RR echnologies Smart Solutions -• ^� 'n' ° Legal and Professional Services Project Plan The proposed Document Management project will utilize a phased project plan to assure a successful iManage Cloud implementation. The goals of these phases are to design, build, and Implement a document management system. BTSS will perform these functions based on a timeframe approved by City of Santa Ana/City Attorney's Office and BTSS. Design Phase The Design Phase takes into consideration the strategic goals as well as the operational, technical, and budgetary requirements. The goal is to produce a comprehensive system design and implementation plan that ensures that the enterprise goals are met. Considerations in the design phase include: business workflow, usability and training, and network resources. Also, considered will be the goals for growth. In determining an initial budget, certain assumptions have been made that underlay the scope of work for this project. Although these assumptions may be challenged and reconsidered during the design phase, making changes to the general assumptions as outlined within this proposal may result in a change to the project scope and therefore an increase or decrease in the overall project budget. Items that will be considered in the final design will include the following: • Application Integrations • Design of all Profile screens and definition and usage of all meta -data fields • Definition of all electronic files (workspaces) and folder structure Desktop client customizations • Plans for security as related to workspaces, folders and documents • Implementation Plan • Training Plan • Document Conversion Analysis During the Design Phase, our BTSS/s will discuss various design options, including all the above items. They will also evaluate current infrastructure and any design changes that may be required. Based on our analysis, we will provide recommendations for additional software that may be required to properly run iManage Work and meet City of Santa Ana/City Attorney's Office needs. Implementation Phase During the Implementation phase, software is configured and tested per the mutually agreed upon Design. All users are trained and client software will be loaded on a user test workstation and tested. City of Santa Ana/City Attorney's Office will be responsible for workstation client software rollout. Blue 7echnologiesSmoRSolutlans LLC Confidential 25A-9 Page 7 of 15 glue -Technologies Smart Solutions Legal and Professional Services Follow -Up Phase During the Follow-up Phase, BTSS will have iManage BTSS/s available after implementation to provide floor support, answer questions, correct minor issues, and make sure that City of Santa Ana/City Attorney's Office objectives were completely achieved. Administrator Training The budget includes basic administrator training conducted by a BTSS BTSS. Support Center This provides functional ("how-to"), administrative plus technical support tailored to City of Santa Ana/City Attorney's Office environment for iManage administrators/users and is delivered from our offsite support center. Clients are provided a toll-free support phone number and email address. $500 per month, 11t (3) months are pre -paid then monthly thereafter; can cancel with 30 days' notice. 8:00 am to 5:00 pm Pacific Time, Monday through Friday, non -holiday coverage. Project Management A Project Manager (PM) will be assigned to your project. The PM's role is to act as a liaison between City of Santa Ana/City Attorney's Office and BTSS' BTSSs. Responsibilities include participating in the kickoff meeting, providing BTSS contact information and taking summary notes during the initial call. The PM will create your project in AutoTask, a cloud -based application, to monitor project tasks, timeline and budget. A client portal will be opened to allow you to follow the project and issue tickets if necessary. AutoTask is a transparent solution allowing for dual party accountability. The PM will also schedule project meetings and provide weekly project summaries if necessary. All of the PM activities are fixed fee, including the BTSSs participation in the project kickoff and review meetings. Blue Technologies Smart Solutions LLC, Confidential 25A-10 Page 8 of 15 Oilechnologies Smart Solutions Legal and Professional Services Manage Cloud Pricing Description Cost iManage Cloud Service Starter Bundle for 20 users $2,000/month (minimum purchase) Note: This is Enables the following user functionality: a savings of - Desktop integration with authoring applications $500 per - Email management month / - Offline access to documents and emails $18,000 over - Web and Mobile interfaces the 3 -year - External collaboration using iManage Share term. - Web admin interfaces Includes the OCR service "includes 400 GB of Work storage " Disaster Recovery - All data backed up to a secondary data center • 3 -year term 'Invoiced annually in advance Base Service Includes: • AIL backend application support, administration and upgrades. • Access to iManage support for software issues Notes: I • Additional Storage - $.50/GB/month in excess of the monthly subscription allocation • Additional Users - $125/user/month - each additional user increases the Work storage pool by 20GB • Minimum annual billing is $24,000 per year. • Refer to iManage Cloud Services Agreement for iManage's terms at the link below: https://support.imanage.com/worksite/iManage Cloud Services Agreement (US Version).pdf • Pricing does not include applicable taxes. j Pricing expires 5/25/2018. I Blue. Technologies SmortSolutions Ur- Confidential Page 9 of 15 25A-11 Bloe)Technologles Smart Solations Legal and Professional Services Professional Services and Training Description Est. Est. Cost Comment's Time (hours) Design meeting/s with City of 32 Onsite - 2 BTSSs Santa Ana/City Attorney's Office Matter Centric Design 24 Provides 2 templates per practice group and 2 admin templates. Document conversion - analysis 10 Deliverable is Conversion only (document repositories Design + budget to perform include Prolaw, Concordance, City conversion Law and Windows file shares) Workspace creation using standard 12 Add 16 hours if automate iManage features process by pulling data from data source Implementation: 38 Create registry setting. 1 Workspaces client only; customer Templates responsible for client Metadata software rollout. Server and security set up Client software Testing and troubleshooting 4 As needed. Rollout 16 Onsite floor support + technical support. Basic Administrator training 4 End user training - 15 students - 2 12 Includes curriculum classes - onsite Project management $4,945 Fixed Fee Estimated Professional Services 12 $35,345 Discounted rate - $200/hr Training (regular rate is $225) Notes/Assumptions: • Integration services will be provided for Acrobat Reader, Microsoft Word, Excel, PowerPoint, and Outlook. • Above budget does not include a Pilot. Add 16 hours if a Pilot is desired. Document import analysis only is budgeted. Upon completion of the analysis customer will receive Conversion Design Document plus the budget to perform the document conversion. • Assumes BTSS will have remote access to the test workstation/s. • Pricing does not include applicable taxes or travel expenses. • Installation effort assumes installation in a Production environment only. Installation in separate test/certification environments will require additional effort. Blue Technologies Smart Solutions LLC Confidential 25A-12 Page 10 of 15 016)T8001001e9 Smart Sohltiotis Legal and Professional Services Optional software: RBRO EasylD (aka document ID) $2,500 software $500 maintenance $3,000 Total Blue Te hnologles SmattSolutions UG Confidential Page Zl of 25 - - - - 25A=1-3 - BIgUechnolooies Smart Solutions Legal and Professional Services Estimated Pricing Summary Pricing expires 5/25/18. Services shall commence on June 1, 2018 and continue through July 31, 2021. City agrees to pay BTSS/iManage at an amount not to exceed $120,845 for all services related to the Implementation and subscription of the iManage systems. These costs include the annual iManage service billed annually at $24,000. Implementation of the systems via the services and training at $35,345 and the support plan at $1,500. The sum of the NTE amount shall also include a contingency amount of $12,000 for additional costs and services requested at the sole discretion of the City and travel costs for these services. Rates Except where Indicated, all professional services are billed on a time and materials basis per the table below and actual costs may vary from the estimates provided by up to 20%. Ongoing professional services will be provided on a time ti materials basis per the terms and conditions in this agreement. Terms and Conditions Professional Services for offsite work are billed in 15 -minute increments. Minimum onsite billing is 8 hours. Travel time is charged at one-half the regular rates. Rates are subject to change on subsequent notice from BTSS. Estimates do not include applicable taxes, fees, expenses (including travel and travel time cost) and administrative costs. Expenses (including lodging, meals, parking, airfare, travel time and other travel) and administrative costs are billed as actual amounts. Auto travel is billed at the IRS approved business rate. All professional services are billed monthly. Terms are net thirty (30). Additional terms and conditions of sale are included in the attached "Terms and Conditions of Sales Agreement." Acceptance - City of Santa Ana/City Attorney's Office Blue Technologies SmartSolutlons RC, Confidential i 25A-14 Page 12 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: jezl.. K- Cv7� SONIA R. CARVALHO City Attorney City Attorney's Office CITY OF SANTA ANA RAUL GODINEZ II City Manager BLUE TECHNOLOGIES SMART SOLUTIONS LLC By: Title: 25A-15 BIu3ITechnolooles Stuart Solutions Legal and Professional Services TERMS AND CONDITIONS OF SALES AGREEMENT 1. PRICES: Prices maybe subject to change without notice until a purchase order is accepted by BTSS. 2. PAYMENT TERMS: City will pay all monies in US dollars, due in accordance with the stated terms. BTSS has no obligation to provide any additional notification of amount due except for this agreement. if full payment is not made within the stated time period, any discount will be voided and full retail price prevailing at the time of sale will be due. Under all circumstances, overdue balances will accrue a late fee charge on the outstanding balance at a monthly rate of 1%%,18%per annum. If you i pay your balance via credit card after 15 days of Invoice date, a 3% credit card processing fee will be added to the charge. 3. SHIPPING AND DELIVERY: Unless stated otherwise, the price is for pickup at BTSS' point of business. Once delivered, all risk of loss is with the City. If City does not take delivery within thirty days after notification by BTSS, this agreement maybe cancelled and City's deposit retained by BTSS as liquidation of damages. 4. DELAYS: BTSS is not liable to City for any damages, including consequential damages, for any delay in or non-delivery due to anything beyond BTSSs' reasonable control. S. DAMAGES: BTSS will not be liable to City for any damage caused by goods or services purchased by this agreement. BTSS makes no warranties of any kind pertaining to the fitness for any particular use and shall not be liable for any loss or damage, directly or Indirectly, or from any training or training material received, arising from the use of goods, or for consequential damages. 6. LIMITATION OF LIABILITY AND WARRANTY: City will indemnity and hold harmless BTSS from any loss, claim or damage to persons or property arising out of this agreement including, but not limited to City's loss of use of product, loss of time, loss of data or information of any kind, intermption of business, removal and installation charges, loss of profits, money or goodwill, and payments of claims or judgments. This indemnity shall survive the term of this agreement. In any event, the liability of the BTSS shall be no greater than the purchase price of this agreement. BTSS shall not be liable for any indirect, special, or consequential damages arising out of this agreement. No obligations or liability shall arise out of BTSS' rendering of technical or other advice in connection with the services rendered hereunder. BTSS provides a warranty of good workmanship with regard to all service pro-vided under this policy. This warranty shall be the only warranty made by BTSS in lieu of all other warranties, express or implied. 7. SUBCONTRACT: BTSS shall have the right to subcontract any or all of its responsibilities hereunder to one or more subcontractors, but this shall not relieve BTSS of its responsibilities under this agreement. S. CANCELLATION: If City cancels this agreement without allowing a reasonable time for delivery, the BTSS may: (1) Retain City's deposit; and, (2) Use any other remedy available to BTSS under Ohio law to mediate damages. 9. RETURNS: All software sales are final. There is a minimum 151/ restocking charge for all other returned Items. Product will not be accepted in return without first obtaining consent from the BTSS in writing. All returns must be complete and in original package, complete with all packing materials. 10. SALES, USE, EXCISE, VATTAXES: BTSS is obligated to collect sales, use, excise, or VAT tax from ALL Clients In States and/or Countries where BTSS is a tax withholding agent. For States and/or Countries where BTSS is not a tax withholding agent, you are responsible for remitting Sales, Use, Excise or VAT taxes to your taxing authority directly. It is your responsibility to provide the required documentation when submitting an order to claim an exemption. Taxes are charged based on the effective tax rate at the time the invoice is processed. This may be different than the initial rate at which you were quoted. You must submit re -sale or tax -exemption documentation from the State and/or Country in which you are doing business as well as each State and/or Country In which you are shipping goods or receiving services. We are not obligated to refund taxes due to late submission of tax exemption documentation. Submission of all appropriate lax exemption forms must be received by us before we ship the goods or we provide the services. You will be liable for all taxes, surcharges or other charges imposed on the sale of goods or provision of services by any taxing authority if tax forms are not received prior to the Invoice being Issued. Requests for refunds of sales taxes must be submitted to the appropriate taxing authority directly. 11. NONSOLICITATION: During the Term, and for a period of twenty-four 124) months thereafter, City agrees not to directly or Indirectly, solicit, recruit or employ any employee or subcontractor of BTSS without BTSS' prior written consent. City agrees that, if it hires any employee of BTSS or its subcontractor during the period set forth above without written consent, It shall be presumed that City solicited the employee and City shall pay to BTSS, as liquidated damages and not as penalty an amount equal to the greater of $75,000 or 100% of the annual salary paid to that employee by BTSS or its subcontractor, plus all costs Including attorney fees as may be incurred by BTSS in enforcing Section 11. Provided further, In the event that said employee has executed an employment agreement with BTSS, said employment agreement shall remain in effect in accordance with its terms and City shall so advise the employee In writing prior to hiring the employee. 12. ASSIGNMENT: City may not assign this Agreement. BTSS may assign this Agreement to its successor in interests or to a third party acquiring substantially all of its assets or business. Blue Technologies Smort Solutions LLC Confidential Page 13 of 35 25A-16 Blue ,Techflologles Smart Solutions Legal and Professional Services 13. NONDISCLOSURE: The terms and conditions of this sales agreement are proprietary in nature to the BTSS and are not to be disclosed to other parties outside the organizations of the BTSS and the City. Such disclosure, at the option of the BTSS, may void this agreement. 14. SEVERABILITY: In the event that any provision of this Agreement or any word, phrase, clause, sentence or other provision thereof should be held to be unenforceable or Invalid for any reason, such provision or portion thereof shall be modified or deleted in such a manner so as to make this Agreement as modified legal and enforceable to the fullest extent permitted under applicable law. 15. WHOLE AGREEMENT AND MODIFICATIONS: This agreement contains all the terms and conditions agreed to between City and BTSS. No employee, representative or agent of BTSS has any authority to bind BTSS to any affirmation, representation, modification or warranty concerning the services or material provided hereunder unless specifically Included within this agreement as a written amendment executed by BTSS. This agreement cannot be modified unless both parties agree and a written modification Is made. 16. REMEDIES,ATTORNEY'S FEES AND CONSENT TO JURISDICTION: A. City acknowledges and agrees that in the event of a breach or threatened breach by the City of any of the provisions of Sections 11 and/or 13 of this Agreement, BTSS shall have the right to Institute and prosecute proceedings in equity, or in any court of competent jurisdiction, to obtain an Injunction to enforce the provisions of such Sections and to pursue any other remedy to which BTSS may be entitled. The City acknowledges that BTSS's remedy at law for any of the City's obligations under such Sections and such other terms of this Agreement as may be applicable will be inadequate, and the City agrees and consents that temporary and permanent Injunctive relief may be granted In any proceeding which may be brought to enforce any provision thereof, without the necessity of proof of actual damage. S. If BTSS seeks a restraining order, an injunction or any form of equitable relief and Is awarded or recovers such relief. City agrees to reimburse BTSS for reasonable attorney fees, court costs and other costs and expenses as may be incurred by BTSS in enforcing any of the terms of this Agreement. The parties agree that this Is reasonable. C. If BTSS shall obtain a final judgment of a court of competent jurisdiction, subject to no further appeal, pursuant to which City shall be determined to have breached its obligations under this Agreement or made any misrepresentations, City shall be entitled to recover, in addition to any award of damages, reasonable attorneys' fees, court costs and other costs and expenses Incurred by BTSS when obtaining such judgment. Any relief awarded under this subsection C shall be in addition to any relief awarded under subsection B. D. If it is judicially determined that City has violated any of its obligations under Section 11, then the Nonsolicitation Period shall be restarted as of the date of such judicial determination and shall run for a period of two years (2) from that date. E. City hereby consents and submits to the exclusive jurisdiction of any local, state or federal court located In the County of Cuyahoga and the State of Ohio for any proceeding against City for anyobligation under this Agreement and waives any objection that it may now or hereafter have to venue or to the jurisdiction of any such court in any such action or proceeding or any claim that any such court Is an inconvenient forum. 17. ARBITRATION: Except for a breach or threatened breach of Paragraphs 11 and/or 13 of this Agreement, any controversy arising under or out of this Agreement shall be settled by arbitration In accordance with the commercial arbitration rales of the American Arbitration Assoclation as administered through the Cleveland, Ohio office. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, including a federal district court, pursuant to the Federal Arbitration Act. In preparation for the arbitration hearing each parry may utilize all methods of discovery in the manner provided by said rules and/or by the Ohio Arbitration law. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction and enforced with full judicial effect thereafter. 18. CONSTRUCTION PERMITTED BY UAW: If the obligation of any covenant of the Employee contained herein is held to be too broad to be enforced, such covenant shall be construed to create an obligation to the full extent permitted by Ohio law. 19. WAIVER OF BREACH: The Waiver by BTSS of a breach of any provision of this Agreement by City shall not operate or be construed as a waiver of any subsequent breach by City. 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties hereto with respect to such subject matters. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against wherever enforcement of any action, change, modification or extension Is sought. 21. INSURANCE Prior to undertaking performance of work under this Agreement. BTSS shall maintain and shall require Its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. BTSS shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited Blue Technologies Smort Solutions LLC, Confidential Page 14 of 15 25A-17 Blu#3iechoolooles Smart Solutions Legal and Professional Services 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 BTSS's operations in the performance of this Agreement, Including, without limitation, acts Involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal Injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such Insurance shall Include coverage for owned, hired and non -owned automobiles. c. Workees Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, BTSS, if BTSS has any employees, Is required to be Insured against liability for workees compensation or to undertake self -Insurance. Prior to commencing the performance of the work under this Agreement, BT55 agrees to obtain and maintain any employees liability Insurance with limits not less than $1,000,000 per accident. d. If BTSS 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 BTSS pursuant to this section: I. BTSS shall maintain all insurance required above In full force and effect for the entire period covered by this Agreement. it. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City iv. Where the amounts or coverage provided by the certificates of Insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of Insurance shall be Incorporated by reference Into the Agreement. V. BTSS shall supply City with a fully executed additional insured endorsement. I. If BTS5 fails or refuses to produce or maintain the Insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City 's election, to forthwith terminate this Agreement. Such termination shall not affect BTSS's right to be paid for its time and materials expended prior to notification of termination. BTSS waives the right to receive compensation and agrees to Indemnify the City for any work performed prior to approval of insurance by the City. Blue Technologies Smart Solutions LLC, Confidential Page 15 of 15 25A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE AN AGREEMENT AMENDMENT WITH VALLEY MAINTENANCE CORPORATION FOR CUSTODIAL SERVICES AT PACIFIC ELECTRIC PARK AND SANTA ANA ZOO {STRATEGIC PLAN NO. 6, 113} CIN TANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 amendment to the agreement with Valley Maintenance Corporation to provide custodial services at Pacific Electric Park and Santa Ana Zoo by increasing the annual agreement amount by $26,823, which includes a 10% contingency, for a term from June 1, 2018 through May 31, 2019, with two, one-year renewal options, for a total cost of $1,141,487 over the term of the contract, including renewals, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On May 16, 2017, the City of Santa Ana awarded an agreement to Valley Maintenance Corporation for custodial services at park restrooms and park facilities. In January 2018, the City opened a new park site, Pacific Electric Park. Valley Maintenance Corporation has been maintaining the restrooms at this site as Authorized Extra Work with the use of contingency funds included the original agreement. Additionally, the City is looking to improve the consistency of custodial services of the three restrooms at the Santa Ana Zoo. The service at the zoo will also include quarterly stripping and waxing of the animal hospital floor. The City is requesting adding these sites to the Valley Maintenance Corporation's list of City facilities. The annual cost for custodial services at Pacific Electric Park and Santa Ana Zoo is $5,184 and $19,200, respectively. An additional $2,439 will be added for contingency work that may arise during the term of the agreement. 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). 2513-1 Agreement with Valley Maintenance Corporation May 15, 2018 Page 2 FISCAL IMPACT Funds are available and will be budgeted in the following accounts for the specified fiscal years of the initial term: Accounting Unit FY 17/18 FY18/19 PRCSA-Park Maintenance (no. 01113250-62320) $ 475 $ 5,228 PRCSA-Zoo (no. 01113220-62300) $ 1,760 $ 19.360 Total $ 2,235 $ 24,588 Funds are available in the following accounts for the specified years of the two, one-year renewal terms: Accounting Unit FY 18/19 FY19/20 FY20/21 PRCSA-Park Maintenance (no. 01113250-62320) $ 475 $ 5,228 $ 475 PRCSA-Zoo (no. 01113220-62300) $ 1,760 $ 19,360 $ 1,760 Total $ 2,235 $ 24,588 $ 2,235 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez y1'� Executive Director Finance and Management Services Agency 25B-2 FIRST AMENDMENT WITH VALLEY MAINTENANCE CORP. FOR JANITORIAL SERVICES AT PARK RESTROOMS AND PARK BUILDINGS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between Valley Maintenance Corp. ("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. The parties entered into Agreement #A-2017-125, dated June 1, 2017 ("Agreement'), by which Contractor agreed to provide high quality janitorial maintenance services at City park restrooms and park buildings. The Agreement shall continue through May 31, 2019, and is currently in effect. B. The parties wish to -amend the Agreement to provide for additional services beginning June 1, 2018, at additional City park restrooms and buildings. The Agreement shall also be amended to reflect an increase in the overall compensation of the Agreement for these services. The Parties therefore agree: 1. Section I, Scope of Services, is amended to include the additional services for the Pacific Electric Park and the Zoo Animal Hospital as outlined in the quotes attached hereto as Exhibits A-1 and A-2. 2. Section V, Compensation, is amended to include an additional annual amount of $26,823, which includes an additional 10% contingency of $2,439 for services as required at the sole discretion of the City. The annual amount beginning June 1, 2018, shall not exceed $290,508. The total amount for the term of the Agreement, including any renewal option periods, shall not exceed.$ -j -,I ,487. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. (Signature Page to Follow) 25B-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By:A 01>0— LAURA A. ROSSINI Senior Assistant City Attorney FOR APPROVAL: CITY OF SANTA ANA RAUL GODINEZ II City Manager VALLEY MAINTENANCE CORP. By: Title: GERARDO MOUET Executive Director Parks, Recreation and Community Services Agency 25B-4 Exhibit A-1 4. WORK SPECIFICATIONS VALLEY MAINTENANCE CORP. 5. SUPPLIES 10002 Pioneer Blvd. Suite 101 Ca. 90670 VALLEY MAINTENANCE CORP TEL: (562) 948-3020 Fax: (562) 948-3081 6. SERVICE CHARGE SERVICE AGREEMENT Janitorial Services -1. WORK SCHEDULE Restrooms: Janitorial services 7 days a week Monday through Sunday Animal Hospital Floor Quarterly Strip & Wax: 2n° Sunday of Jan. April, July & Oct. 2. TIME OF SERVICE Restrooms: Between 6:00 A.M. to 8:00 A.M. or Time the management requests Animal Hospital Floor Strip & Wax: To be arranged with Zoo Management LOCATION 1801 East Chestnut Ave. Santa Ana, CA 92701 3. JOB LOCATIONS Santa Ana Zoo Public Restrooms 4. WORK SPECIFICATIONS Per existing service contract work specification 5. SUPPLIES Cleaning supplies will be supplied by: VMC Restroom supplies & trash liners will be supplied by: VMC 6. SERVICE CHARGE THE SERVICE CHARGE(S) FOR ABOVE DESCRIBED SERVICES $19,200.00 Per Annual ( $ 1,600 Per Month) • $ 580 for 1 large restroom and $ 420 eachMfor 2 small restrooms x12 = $17,040 • Animal Hospital Floor Strip & Wax : $ 540 Quarterly x 4 = $ 2,160 7. GUARANTEE You are respectfully requested to examine the results of our work and if you find our workmanship and finished results to be less satisfactory, please call VMC immediately so we will correct the matters within 1 hour. 9. ACCEPTANCE Please Indicate your approval by signing the acceptance line below. DATE OF SUBMISSION March 12, 2018 OF SERVICE AGREEMENT Valley Maintenance Corp. i�B��>•� City of Santa Ana 25B-5 Exhibit A-2 jM& 01 VALLEY MAINTENANCE CORP. 10002 Pioneer Blvd. Suite 101 Ca. 90670 VALLEY MAINTENANCE CORP TEL: (562) 948-3020 Fax: (562) 948-3081 SERVICE AGREEMENT Janitorial Services 1. WORK SCHEDULE Janitorial services 7 days a week Monday through Sunday 2. TIME OF SERVICE After 10 PM between 10:00 P.M. to 5:00 A.M. LOCATION The comer of McFadden and Maple Street. Santa Ana, 3. JOB LOCATIONS Pacific Electric Park Restroom 4. WORK SPECIFICATIONS Per existing service contract work specification 5. SUPPLIES Cleaning supplies will be supplied by: VMC Restroom supplies & trash liners will be supplied by: VMC 6. SERVICE CHARGE THE SERVICE CHARGE(S) FOR ABOVE DESCRIBED SERVICES $ 5,184 00 Per Annual ( $ 432 Per Month ) 7. GUARANTEE You are respectfully requested to examine the results of our work and if you find our workmanship and finished results to be less satisfactory, please call VMC Immediately so we will correct the matters within 1 hour. 9. ACCEPTANCE Please Indicate your approval by signing the acceptance line below. EFFECTIVE STARTING DATE APPROVED DATE Valley Maintenance Corp. City of Santa Ana r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN NOS. 5,2; 5,3) W RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: TITUMET07W ❑ As Recommended ❑ As Amended ❑ Ordinance on V 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 the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation Agmt. No. Douglas J. Myers & Joanne 2017-47 2440 North Riverside 8:0 Larens Drive Mark, Erwin & Beverley 2017-49 2370 North Flower Street 8:0 Schauwecker Blair O'Callaghan 2017-52 321 East Santa Clara 8:0 Avenue HISTORIC RESOURCES COMMISSION ACTION On April 26, 2018, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B3). 25C-1 Historic Property Preservation Agreements May 15, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $2,341.69 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2017-47 2440 North Riverside Drive $933.51 B1 2017-49 2370 North Flower Street $854.12 B2 2017-52 321 East Santa Clara Avenue $554.06 B3 Total for All Properties: $2,341.69 c Minh Thai Executive Director Planning & Building Agency MM:rb S:RFCA\05-15-18\PBA Historic Prop Preservation Mills Act Agmt 5-15-18 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 5r - Executive Director Finance & Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B3. Historic Resources Commission Staff Reports 25C-2 HILLS ACT ACREEh/ENT (Address] Saida Axa, CA 9270_ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Ami: City Clerk 20 Civic Center Plaza (M-30) Santa.Ana, CA 92702 FREE RECORDING PURSUANT TO .GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and INamel : (hereinafter referred to as "Owner' ), owners of real property located at [Addressl, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at !Address], Santa Ana, CA; 0270X and more particularly described in Exhibit A; attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ,ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Goverwnent Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment EXHIBIT A 25C-3 M/LLSACTAGREEMENT [Address] Santa Ana, CA 9270 of valuation as a restricted historical property pursuant to Article 1,.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement.. This Agreement shall be effective.and commence on [Date], and shall remain in effect, for a termof ten (10) years thereafter. Each year, upon the aruriversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Govermuent Code Sections 50280 through 50290 and in Section 2, below: 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year tenni of this Agreement unless -written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew •the Agreement, the Owner or City shall serve written notice_ of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days,prio_r•to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 3)0 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The'City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the.City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the temr then remaining, either from its original execution or fiom the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for'Historic Property. During the term of this Agreement; the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain -the Historic Property in a good state of repair and shall -preserve, maintain, and, where necessary,.restore or rehabilitate the property and its character - defining features described in the "Department of Parks and Recreation Primary Record" attached hereto as Exhibit C, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass„ roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the -'- 25C-4 0/ILLS ACT AGREEMENT /Address] Santa Ana, CA 9270 State Department of Parks and Recreation, namely the U.S. Secretary of the hrterior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit E, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way,shall be maintained, and Owner shall not be permitted to 'block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or Unused .objects such as cars, appliances, or furniture; and other unsightly by decoration; structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board. of Equalization, and the City of Santa Ana as may be necessary to.determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree .to furnish the City with any and all information requested which may be necessary or advisable_ to determine compliance_ with the teams and provisions of this Agreement. 5. Cancellation:. a. The City, following a duly'noficed public hearing�by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If.a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in 'Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one=half (12 '/) percent by Government Code 'Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. -3- 25C-5 MILLSACTAGREEMENT /Address/ Santa Ana, CA 9270— .b.- If the 'Historic Property is -destroyed by earthquake, fire, flood or other, natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C.. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288: 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreementby time .Owner, the City shall give writteri.notice'to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default. cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the 'City may,. without :further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if tiie City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at [Addressl, Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana; to the covenants, reservations, and restrictions as set forth in this Agreement. b: The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or.interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any potion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations 4- 25C-6 MILLS ACT AGREEMENT /Address] Sawa Ana, CA 9370 expressed in this Agreement regardless of whether such covenants, restrictions and, reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be, derived therefrom and the advantage. that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property: 9. Notice. Any notice required by die terms of this Agreement 'shall be sent to the address of the respective parties . as specified below or at other addresses. that may be laterspecified by the parties hereto. City: City of Santa Ana Attn: City Clerk- 10 lerk10 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: [Name(s)] [Address] Santa Ana, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreeinent shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them, to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to. and•shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to.have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to. have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. -5- 25C-7 M!L'LSACTAGREEMENT %Address] Santa Ana, CA 9270_ d. All of the Agreements, rights, covenants, reservations; and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing. party in such proceeding may recover all reasonable,attorney's fees to be fixed by the court, in ddition to court costs and other relief ordered by the court. £ In .the event that any of the ,provisions of this Agreement are held to. be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance With the laws of the State of California. 11. Recordation'. No later than twenty (20) days after the parties execute and enter into this Agreement,'the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to tite Office of Historic Preservation. 13. :Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed. by the, parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written abovein Section 1. {Signature Page Follows} 6- 25C-8 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By _ LISA S ORCK Assistant City Attorney OWNER: Date: A. 11US ACT AGREENIENT (Address] Sana Ana, CA 9370 CITY OF SANTA ANA RAUL GODINEZ H City Manager RECOMMENDED FOR APPROVAL: CANDIDA NEAL Acting Director Planning and Building Agency m Date: By: -7- 25C-9 MILLS ACT ACREEA/ENT /Address/ Saila Ana, CA 9170 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Number: -8- 25C-10 MILLSACTAGREEMENT [Address) Saida Ana, CA 9270 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property Which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally'ihtended purpose.. 2: The distinguishing original qualities or character of a building, structure or site and its ,environment shall not be destroyed. The removal or alteration of any historic mateiial or distinctive architectural features should be avoided when .possible. 3. All buildings, structures, and sites shall be recognized as products of theirown time. Alterations_ that have no historical basis_ a_nd which seek to createan earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment: These changes may have acquired significance in their own right, -and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship ,which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new ,material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures ,shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building, materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical; architectural or cultural material, and such design is compatible with -9- 25C-1 1 9-25C-11 M/LLSACTACREEMENT /Address] Santa Ana, CA 9270 size, scale, color, material .and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that'if such additions or alterations need to be.removed in the future, the essential forth and integrity of the structure would be unimpaired. -10- 25C-12 A/tLLS ACT AGREEMENT /Address/ Santa Ann, CA 9270 EXHIBIT C Department of Parks and Recreation Primary Record for Property -11- 25C-1 3 11_25C-13 25C-14 REQUEST Q • • Resources CommissionAction� w HIS711OW RESOURCES COWHOSSION MEETING DATE R APRIL 26, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 20117-43, HISTORIC REGISTER CATEGORIZATION NO. 2017-42, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-47 FOR THE PROPERTY LOCATED AT 2440 NORTH RIVERSIDE DRIVE (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Ricardo Soto HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO ✓f= Ac mg Executive Director Acting Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-43 and Historic Register Categorization No. 2017-42 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Douglas .J. Myers and Joanne Larens, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Douglas J. Myers and Joanne Larens are requesting approval to designate an existing residence located at 2440 North Riverside Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the south side of North Riverside Drive and consists of a 2,861 - square -foot, Neoclassical style residence and detached garage on a 6,037 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listino In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to EXJ,f X At HRCA No. 2017-43, HRC No. 2017-42 HPPA No. 2017-47 April 26, 2018 Page 2 determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 81 years old. No known code violations exist on record for this property. The property, recognized as the Gregg House, has distinctive architectural features of the Neoclassical style, and was built in 1937 by V.J. Anderson. Character defining features of the Gregg House that should be preserved include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials and treatment; massing and composition; fenestration (original multi -light windows, where extant); and architectural detailing (Exhibit 2). Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Neoclassical design; and for its "association with a significant period in the history of the city," namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site 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 within 25C-16 HRCA No. 2017-43, HPPA No. 2017-47 April 26, 2018 Page 3 HRC No. 2017-42 500 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, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2018-40 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmen I sustainability) and Objective No. 3 (facilitate diverse housing support eff rt to preserve and improve the livability of Santa Ana neighborhoods) Exhibits: 1. Resolution 2. Mills Act Agreement 3. 500' Radius Map 25C-17 Health, Livability, conservation and opportunities and RESOLUTION NO. XXXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-43 TO PLACE THE PROPERTY LOCATED AT 2440 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-42 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-43) and categorization (Historic Resources Commission Categorization No. 2017- 42) of the Gregg House located at 2440 North Riverside Drive, Santa Ana. B. The Gregg House has distinctive architectural features of the Neoclassical style and was built in 1937 by V.J. Anderson. C. The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the Neoclassical style; and Criterion 4, for its contribution to the Floral Park neighborhood. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" embodying the massing, materials, and detailing of Neoclassical design; and for its "association with a significant period in the history of the city," namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana [Santa Ana Municipal Code, Section 30-2.2(2)]. Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment; massing and composition; fenestration (original multi -light windows, where extant); and architectural detailing. D. The legal owners of this property are Douglas J. Myers and Joanne Larens. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. 25C-18 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2018-40 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-43 to place the Gregg House located at 2440 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-42 placing the Gregg House located at 2440 North Riverside Drive, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25C-19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25C-20 LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-06-411 2440 North Riverside Drive THE WEST 15 FEET LOT 13 AND Douglas J. Myers ALL OF 14, EXCEPT THE WEST 10 and Joanne FEET THEREOF, OF TRACT NO. Larens 755 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE(S) 33 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. 25C-21 1..1:1:1 n EXECUTIVE SUMMARY Gregg House 2440 North Riverside Drive Santa Ana, CA 92706 NAME Gregg House REF. NO. ADDRESS 2440 North Riverside Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication E Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: A renewed interest in classical models of architecture began at the World's Columbian Exposition in Chicago in 1893. The planners of the exposition insisted on classical -themed architecture, and the photographs from the Exposition became models for architects across the country. Drawing primarily from Roman and Greek classical architectural motifs, neoclassical architecture emphasizes symmetry, porches with classical support columns, and the use of classical detailing including lintels, pediments, colonnades, arches, and vaults. Neoclassical design also borrowed elements from earlier American styles including Georgian, Federal, and Greek revival. Neoclassical residential architecture experienced two waves of popularity, one from 1900 to 1920, and another from around 1925-1950s. Neoclassical buildings typically have a front fagade dominated by a full -height entry porch supported by two-story classical columns. Facades typically exhibit symmetry and balance. Other common features include elaborated doorways that incorporated Federal, Greek Revival, or Georgian elements; centered entrances; detailed cornices; rectangular, double -hung windows; roof -line balustrades (McAlester 434-446). SUMMARY/CONCLUSION: The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment ; massing and composition; fenestration (multi -pane hung windows where extant); and architectural detailing. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B 25C-22 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Grego House P1. Other Identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Date: *c. Address 2440 North Riverside Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the south side of North Riverside Drive, the Gregg House is a two-story single-family residence constructed in the Neoclassical style. It is symmetrical in composition, topped with a side gable, medium -pitched roof with modest overhangs. The exterior of the structure is clad in wide wood clapboard siding. Projecting from the center bay of the three -bay facade, the full -height front -gabled entry -porch supported by colossal paired fluted doric columns, is the focal point of the design. Divided -light sidelights adorn the entry door which has a fan light transom above.. A fixed window occupies the central bay above the entrance, under the portico. The windows on the primary elevation are wood, six -over -six, double hung, with the windows on the secondary elevations being a combination of multi and single light hung and casements. The east elevation is distinguished by an attached, red brick chimney and by small, arched vents in the gable face. A one-story, flat - roofed addition has been made to the south elevation. No other alterations are visible. The property is landscaped with low vegetation, neatly trimmed hedges, and a water feature positioned at the walkway leading to the entry. A concrete driveway leads to a detached two-story garage located at the southeast corner of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object DSite ❑District ❑Element of District ❑Other P5a. Photo �N P51b. Photo: (view and date) North elevation, view south March 2018 *P6. Date Constructed/Age and Sources: ■historic 19371 City of Santa Ana Building Permits W. Owner and Address: Douglas J. Myers and Joanne Larens 2440 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: April 26, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ElNone OLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record DArtifact Record ❑Photograph Record D Other (list) DPR 523A (1195) 25C-23 *Required information State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 `Resource Name or #: Gregg House B1. Historic Name: Gregg House B2. Common Name: Same B3. Original Use: Single-family Residence 94. Present Use: Single-family Residence *B5. Architectural Style: Neoclassical *B6. Construction History: (Construction date, alterations, and date of alterations): August 7, 1937. Constructed. $7,950. August 7, 1937. Constructed. $7,950. February 5, 1945. Washroom 10 x 10 by G. Gregg, owner. $150. February 8, 1945. Fix. by United Plmb. Co. $500. April 2, 1945. 2 circ., 19 add. outlets by Grimes. June 26, 1950. Range for Mrs. Stephens by Gilbert & S January 17, 1961 Addition to Residence (3 rooms by Homer Moses - owner). $4,000. March 6, 2015. Reroof. *67. Moved? ■No l7Yes MUnknown Date: Original location: *68. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gregg is architecturally significant as a characteristic example of the Neoclassical style. This house was originally constructed in 1937, and was valued at approximately $7,950 according to the original building permit. The first recorded occupants are George D. Gregg and Kathryn Gregg. Mr. Gregg was a local rep for the LA Examiner, a major Los Angeles Daily Newspaper in the 1960s. In 1952, the house was sold to a Benjamin F. Stephens and Virginia M. Stephens; Mr. Stephens was a rancher in the area. The home was sold to Homer Moses in 1962 who worked in pianos sales and repairs in the late 1940's. (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Olivia White/Chattel, Inc *Date of Evaluation: March 27, 2018 (This space reserved for official comments.) DPR 523B (1195) 25C_24 Sketch Map Gregg House 2440 North Riverside Drive I 01 OI VI 11. 112 IiI 13 29 �Jo 32 31 30 93 2a 33 1 35 O /.yor 1 ssm' �v *Required information *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1869, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gregg House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1861-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War It years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment ; massing and composition; fenestration (multi -pane hung windows where extant); and architectural detailing. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. 25C-25 25C-26 REQUEST FOR Historic Resources Commission Action -- HISTORIC RESOURCES COMMISSION SECRETARY APRIL 26, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-45, HISTORIC REGISTER CATEGORIZATION NO. 2017-44, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-49 FOR PROPERTY LOCATED AT 2370 NORTH FLOWER STREET {STRATEGIC PLAN NOS. 5,2; 5,31 Prepared by Pedro Gomez APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting Executive Director Acting j annin Manager RECOMMENDED ACTION Adopt a resolution approving Historic Resources Commission Application No. 2017-45 and Historic Register Categorization No. 2017-44 (Exhibit 1). Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Mark,- Erwin and- Beverley Schauwecker, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Mark, Erwin and Beverley Schauwecker are requesting approval to designate an existing residence located at 2370 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the west side of North Flower Street in the Floral Park neighborhood. The site consists of a 1,972 -square -foot, Minimal Traditional style residence and detached garage on a 10,800 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listinq In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the EXHIBIT B2 25C-27 HRCA No. 2017-45, HRC No. 2017-44 HPPA No. 2017-49 April 26, 2018 Page 2 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties, pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 71 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Evans -Harr House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Minimal Traditional style. The residence was built in 1947 by E.C. Rogers, a prolific Santa Ana builder and developer. From the late 1930s through the following decade, Rogers was extremely active as a building contractor. However, developer and builder Allison Honer (1897-1981), was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous smaller, single-family houses were built. The first known residents of the Evans -Harr House were Charles J. Evans and Violet A. Evans, a retired couple who lived in the house for 15 years until 1962 when it was listed as vacant. While the residents during 1962-1976 are unknown, it is known that Robert Kenneth Harr and wife Diane Foster Harr purchased the home in 1977. Mr. Harr, along with business partner Allen B. Christian, was affiliated with several patented designs. However, Mr. Harr is more prominently known as the dog handler of Rex, otherwise known as "Oki", a highly decorated German Shepherd that served during World War II. The Evans -Harr House features prominent landscaping with several mature trees, low vegetation and a non -original decorative walkway within the front setback. Character defining features of the Evans -Harr House that should be preserved include, but may not be limited to: materials and finishes; low -pitch cross hipped roof; wide overhanging eaves; brick chimney; metal detailing (porch supports); metal casement windows; single -hung wood windows; decorative cast-iron porch light and front entry portico. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood, and, as an intact example of the Minimal Traditional style in the Floral Park neighborhood, "is a good example of period architecture." Additionally, the house has been categorized as "Contributive" for its exemplification of the distinguishing characteristics of the Minimal Traditional style; for its "association with a significant period in the history of the city," namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and for its "association with a significant person", E.C. Rogers. 25C-28 HRCA No. 2017-45, HRC No. 2017-44 HPPA No. 2017-49 April 26, 2018 Page 3 Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site 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 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, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-34 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 25C-29 HRCA No. 2017-45, HRC No. 2017-44 HPPA No. 2017-49 April 26, 2018 Page 4 PG:sb SAHRC\2018\4-26-18\2370 N. Flower St. (Evans -Harr House)\2370 N. Flower St— Staff Report Exhibits 1 - Resolution 2. - Mills Act Agreement 3. - 500' Radius Map 25C-30 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-45 TO PLACE THE PROPERTY LOCATED AT 2370 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-44 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-45) and categorization (Historic Resources Commission Categorization No. 2017- 44) of the Evans -Harr House located at 2370 North Flower Street, Santa Ana. B. The Evans -Harr House has distinctive architectural features of the Minimal Traditional style, and was built in 1947 by E.C. Rogers. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Minimal Traditional style in the Floral Park neighborhood, "is a good example of period architecture". Additionally, the house has been categorized as "Contributive" for its exemplification of the distinguishing characteristics of the Minimal Traditional style; for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and for its "association with a significant person", E.C. Rogers. Character defining features of the Evans -Harr House that should be preserved include, but may not be limited to: materials and finishes; a low - pitch cross hipped roof; wide overhanging eaves; brick chimney; metal detailing (porch supports); metal casement windows; wood windows; decorative cast-iron porch light and front entry portico. EXHIBIT 1 Page 1 of 5 Resolution No. 2018 -XX 25C-31 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 D. The legal owners of the property are Mark, Erwin and Beverley Schauwecker. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-34 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-45 to place the Evans -Harr House located at 2370 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-44 placing the Evans -Harr House located at 2370 North Flower Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 26°i day of April 2018. Alberta Christy, Chairperson Page 2 of 5 Resolution No. 2018 -XX 25C-32 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on April 26, 2018. Date: Commission Secretary City of Santa Ana 25C-33 Page 3 of 5 Resolution No. 2018 -XX FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-216-13 2370 North Flower Street THAT PORTION OF LOT 5A Mark, Erwin and OF POTTS, BORDEN AND Beverley SIDWELL TRACT, AS PER Schauwecker MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE LAND CONVEYED TO EMMET C. ROGERS, ET UX, BY DEED RECORDED JULY 10, 1943. IN BOOK 1190, PAGE 566, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SOUTH 10 02' WEST 65 FEET FROM THE NORTHEASTERLY CORNER OF SAID LAND; THENCE NORTH 880 58' WEST 175 FEET, PARALLEL WITH THE NORTHERLY LINE OF SAID LAND; THENCE SOUTH 10 02' WEST 80 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LAND; THENCE SOUTH 88° 58' EAST 175 FEET, PARALLEL WITH THE NOTHERLY LINE OF SAID LAND TO A POINT IN THE EASTERLY LINE OF SAID LAND, DISTANT THEREON SOUTH 10 02' WEST 80 FEET Page 4 of 5 Resolution No. 2018 -XX 25C-34 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 5 of 5 Resolution No. 2018 -XX 25C-35 FROM THE POINT OF BEGINNING; THENCE NORTH 10 02' EAST 80 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. Page 5 of 5 Resolution No. 2018 -XX 25C-35 EXHIBIT B EXECUTIVE SUMMARY Evans -Harr House 2370 North Flower Street Santa Ana, CA 92706 NAME Evans -Harr House REF. NO. ADDRESS 2370 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1947 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication Z Unrestricted ❑ Prehistoric Z Historic ❑ Bath ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terns, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). In a reflection of the Tudor and English Revival styles they mimic, Minimal Traditional homes are typically rectangular in plan and one-story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the preceding styles, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double - hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes display decorative wood shutters and porch -roof supports. By the 1950s, the Minimal Traditional home was replaced by the Ranch House as the style of choice for middle-class housing and large tract -house developments. (McAlester, pp. 476- 78). The Evans -Harr House qualifies for listing in the Santa Ana Register of Historical Properties tinder Criterion 1, for its exemplification of the distinguishing characteristics of the Minimal Traditional style; and Criterion 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Minimal Traditional style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). 25C-36 EXPLANATION OF CODES: • California Reeister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series n 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master,or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. 25C-37 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) P1. Other Identifier: 'P2. Location: ONot for Publication ■Unrestricted 'a. County Orange County 'b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 'c. Address 2370 North Flower Street City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 001-216-13 'P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, selling, and boundaries) Located in Floral Park, this is a one-story single-family residence constructed in a Minimal Traditional style. Asymmetrical In design, the house exhibits a low -pitch cross hipped roof with wide, overhanging, enclosed eaves along a portion of the front (east) and rear (west) elevations, and little to no eaves along the right (north) and /all (south) elevations. The roof is clad in contemporary asphalt shingle roofing and the exterior walls are clad in smooth stucco, with minimal to no ornamentation. Located in the middle of the front elevation, a small entry portico is characterized by lacy, New Orleans -style, wrought iron posts that support the portico roof overhang, and by a decorative cast-iron porch light that has been converted from gas to electric. The southern portion of the front elevation adjacent to the entry portico has a divided -light metal casement picture window framed by wood shutters. The entry features a wide wood door. The northern portion of the front elevation features divided -light steel casement corner windows with comer supports. Along the north elevation, the building incorporates a: series of double -hung wood windows, including four -over -four and single -pane sashes. The south elevation features a prominent bay window with a protruding decorative brick wall below. A brick chimney located towards the rear rises above the roof ridgeline and frames a modestly sized rear patio, which incorporates similar New Orleans -style, wrought iron posts and decorative railings and two symmetrical wood french doors. The property is landscaped with several mature frees, a lawn, low vegetation and a decorative walkway at the front setback. The driveway leads to a detached, onestory, stucco -clad, side - gabled two -car garage, built at the same time as the residence. Alterations to the house include the rear addition to residence and the removal of original roof shingles. Other than the relatively minor noted changes, the house appears intact and is in good condition. '133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence 'P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. 135b. Photo: (view and date) East elevation, view west March 2018 '136. Date Constructed/Age and Sources: 1113historic 19477 City of Santa Ana Building Permits 'P7. Owner and Address: Mark, Erwin, Beverley Schauwecker 2370 North Flower Street Santa Ana, CA 92706 '138. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 '139. Date Recorded: April 26, 2018 'P10. Survey Type: Intensive Survey Update P11. Report Citation: (Cite survey report and other sources, or enter 'none") None 'Attachments: ONone OLocation Map OSketch Map mContinuation Sheet oBuilding, Structure, and Object Record ClArchaeological Record ❑District Record OLinear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record ❑Photograph Record O Other (list) DPR 523A (1195) 25C-38 'Required information State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 `NRNP Status Code 5S3 B1. B2. B3. `B5. 'B6. Kesource Name or m tvans-Harr House Historic Name: Evans -Harr House Common Name: Same Original Use: Single -Family Residence Architectural Style: Minimal Traditional B4. Present Use: Single -Family Residence Construction History: (Construction date, alterations, and dale of alterations): Constructed 1947 July 19, 1947. 1 Fix by H.H. Adams. $150. December 1, 1948. Addition to residence (8 X 23) for C.J. Evans by A.K. Herrick. $700. December 21, 1960. Private swimming pool. $2,300. August 10, 1990. Block wall 6 ft. high and 94 L.F. $2,600. November 19, 1991. Reroof house w/tearoH.$7,047. November 19, 1991. Reroof detached garage w/tear of. $1,215. •B7. Moved? ONo OYes 13Unknown Date: Original location: '138. Related Features: None. 139a. Architect: Unknown b. Builder: E.C. Rogers '1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1947 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic stype. Also address integrity) The Evans -Harr House is architecturally significant for its highly characteristic Minimal Traditional style and historically notable for its association with a prominent local builder, Emmet C. Rogers. It was built In 1947 by E. C. Rogers for a total cost of $9,000 including the residence and garage. Emmet C. Rogers was a prolific Santa Ana builder and developer. He was bom in 1896 in Missouri (1930 Federal Census). By 1920, he had marded his wife June and moved to Greeley, Colorado, where he was a high school teacher (1920 Federal Census). A few years later, in 1923, he had relocated his family to Santa Ana, and had a dual appointment at both Willard and Lathrop Junior High Schools, where he taught science (Santa Ana Daily. Register, April 4, 1923). From the late 1930s through the following decade, Rogers was extremely active as a building contractor, often moving his family, perhaps to houses as he finished them, on Greenleaf (2144), Freeman (602 and 1315), and Towner (1010) (1930 Federal Census, Santa Ana Register July 29, 1940, 1947 and 1949 city directories). According to city directories, the first known residents were Charles J. Evans and Violet A. Evans. Mr. and Mrs. Evans were a retired couple who lived in the house for 15 years until 1962 when it was listed as vacant. While the residents during the years of 1962-1976 are unknown, it is known that Robert Kenneth Harr and wife Diane Foster Harr purchased the home in 1977. Mr. Harr, along with business partner Allen B. Christian, was affiliated with several patented designs. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) 'B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: 'B14. Evaluator: Olivia While/Chattel, Inc. 'Date of Evaluation: April 26, 2018 (This space reserved for official comments.) Sketch Map Evans -Harr House 2370 North Flower Street L� MACr' pCff _ - p ° O � ' swwn ' 215 116 DPR 5238 (1195) 25C-39 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 3 Resource Name: Evans -Harr House by Pedro Gomez 'Date Aprll26, 2018 El Continuation ❑ Update 'B10. Significance (continued): These patents include the Dual Air Vent Bypass (DAVE) container, Lone Attack Aircraft Defense System and the Liquid Dispenser With Relief Valve Opening (mod cation to pull tab" on soda cans), among others. However, Mr. Han is more prominently known as the dog handler of Rex, otherwise known as "ON" a highly decorated german shepherd dog that served during World War 11. Oki was assigned to Mr. Harr and an additional marine on a demolition team. Mr. Harr trained Oki as a front-line scout and messenger dog, to sniff bombs and to assist him with communications. It it well known that in Okinawa, Mr. Han and about 150 marines were pinned down behind enemy lines. With Mr. Hag's instructions, Oki ran through enemy formation taking fire and ultimately reaching American Forces who were able to rescue Mr. Ham and his men. For his heroic action, Oki was awarded the Distinguished War Citation by President Harry Truman. Mr. and Mrs. Han resided in this property until their deaths. The Evans -Harr House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana"(Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. `When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Reolster. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing In the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Evans -Han House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Minimal Traditional style; and Criterion 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Minimal Traditional style in the Floral Park neighborhood, 7s a good example of period architecture". Character defining features of the Evans -Harr House that should be preserved Include, but may not be limited to, materials and finishes; a low -pitch cross hipped roof; wide overhanging eaves; brick chimney; metal detailing (porch supports); metal casement windows; wood windows; decorative cast-iron porch light and front entry portico. 'B12. References (continued): Hanis, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form."Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento., March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal September 21, 1981. "History of Floral Park." httpYlwww.floral-park.com/paga2.htm1. Santa Ana and Orange County Directories, 1947-1962. "US Marine Robert Harr"hilps://www.gettyimages.com/ DPR 523L 25C-40 500' RADIUS HRCA 2017-45/ HRC 2017-44/ HPPA 2017-49 2370 NORTH FLOWER STREET EVANS-HARR HOUSE PLANNING AND BUILDING AGENCY exM'U 41 25C-42 REQUEST FOR Historic Resources Commission Action H1,4110RICRESOURCESCONQVISSIONMEEfWGDAM - APRIL 26, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-48, HISTORIC REGISTER CATEGORIZATION NO. 2017-47, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-52 FOR THE PROPERTY LOCATED AT 321 EAST SANTA CLARA AVENUE {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Ricardo Soto HISTORIC RESOURCES APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO � � C Acting Executiv6 Director Actir6 Pianni Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-48 and Historic Register Categorization No. 2017-47 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Blair O'Callaghan, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Blair O'Callaghan is requesting approval to designate an existing residence located at 321 East Santa Clara Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Promect Location and Site Description The subject property is located on the north side of East Santa Clara Avenue and consists of a 2,248 -square -foot, Tudor Revival style residence and detached garage on a 7,500 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the EXHIBIT. B3 25C-43 HRCA No. 2017-48, HRC No. 2017-47 HPPA No. 2017-52 April 26, 2018 Page 2 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 93 years old. No known code violations exist on record for this property. The property, recognized as the West & West House, has distinctive architectural features of the Tudor Revival style, and was built in 1925. Additions have been constructed to the rear of the house. Those additions were constructed in a manner that does not detract from the architecture or the residence, but the stucco was replaced in a finish that is not appropriate for the style of architecture. As a result, the residence would not qualify for listing on the local register solely as a good example of period architecture. However, due to the association of the residence with significant figures in the history of Santa Ana, namely the two first recorded occupants of the house, Z.B. West Jr. and Franklin G. West, it meets the qualification to be included on the local register. The West family played a vital role in the courtrooms of old Orange County for more than sixty years. Z.B. West Sr., Z.B. West Jr. and Franklin G. West's father, served as a Superior Court Judge from 1903 until his death in 1926. Z.B. West Jr. followed in his father's footsteps and served as both Santa Ana City Attorney from 1923 to 1927 and District Attorney from 1927 to 1930. Franklin G. West also followed in his father's footseps, serving as a Superior Court judge from 1939 unitl 1965. Character defining features of the West & West House that should be preserved include, but may not be limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; fenestration pattern (original multi -light windows, where extant); chimney; and, arched entry. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key' for its association with two significant persons in the history of Santa Ana and of Orange County, Z.B. West Jr. and Franklin G. West. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25C-44 HRCA No. 2017-48, HRC No. 2017-47 HPPA No. 2017-52 April 26, 2018 Page 3 • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Park Santiago Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site 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 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, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2018-39 will be filled for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). icardo Soto Associate Planner Exhibits: 1. Resolution 2. Mills Act Agreement 3. 500' Radius Map 25C-45 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-48 TO PLACE THE PROPERTY LOCATED AT 321 EAST SANTA CLARA AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-47 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-48) and categorization (Historic Resources Commission Categorization No. 2017- 47) of the West & West House located at 321 East Santa Clara Avenue, Santa Ana. B. The West & West House has distinctive architectural features of the Tudor Revival style, and was built in 1925. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it "is associated with a significant person" in the city. Character defining features that should be preserved, include, but are not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; fenestration pattern (original windows, where extant); chimney; and, arched entry. D. The legal owner of the property is Blair O'Callaghan. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. EXHIBIT 1 25C-46 Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-39 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-48 to place the West & West House located at 321 East Santa Clara Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-47 placing the West & West House located at 321 East Santa Clara Avenue, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25C-47 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25C-48 LEGAL DESCRIPTION APN Address Legal Description Owner Name 003-072-14 321 East Santa Clara Lot 13 of Tract 383 Bungalow Blair Avenue Square, in the City of Santa Ana, O'Callaghan County of Orange, State of California, as per Map recorded in Book 19, Pages 48 of Miscellaneous Maps, in the County Recorder of said County. 25C-49 EXHIBIT B EXECUTIVE SUMMARY West & West House 321 East Santa Clara Avenue Santa Ana, CA 92706 NAME West & West House REF. NO. ADDRESS 321 East Santa Clara Avenue CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION B/2 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the temperate climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style were also constructed. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The West & West House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its association with famous people in history of Santa Ana. Additionally, the building has been categorized as "Key" because of its association with two significant persons in the history of Santa Ana and of Orange County, Z.B. West Jr. and Franklin G. West. Character defining features of the West & West House that should be preserved, include, but not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; doors and windows (original multi -pane wood casement windows, where extant); chimney; and, arched entry. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 2: It is associated with the lives of persons important to local, California, or national history. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. 25C-50 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # Trinomial NRHP Status Code or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County: Orange County *b. USGS 7.5' Quad Date: April 26, 2018 *c. Address: 321 East Santa Clara Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: APN: 003-072-14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The West & West House is a characteristic example of the Tudor Revival style of architecture. The building is asymmetrical with a cross -gabled, moderately pitched roof. The West & West House sits at the northwest corner of East Santa Clara Avenue and French Street, with the primary and secondary elevations highly visible from two streets. The exterior is clad in stucco with decorative half-timbering at the primary and secondary street facing gables. The building is capped with a contemporary asphalt shingles. The building has two chimneys. One chimney is located at the south elevation adjacent to the front entry and is clad in stucco just above the roof line and wrapped in brick to the top. The second chimney is on the east elevation and is clad in stucco and capped with a terracotta chimney pot. The entry is accessed from the south elevation and is set in an recessed arch. The front entry door is located atop three steps clad in brick. The front entry door, is a wood plank door with decorative hardware. The building has a combination of multi -pane casement and fixed windows. The garage is located at the northwest corner of the property and is accessed from French Street. While additions have been constructed to the rear of the house in a manner that does not detract from the architectural integrity, the stucco has been replaced in a finish that is not appropriate for the Tudor Revival style of the building. However, the stucco does not detract from the association of the building with significant figures in the history of Santa Ana, Z.B. West Jr. and Franklin G. West, and its qualification to be listed on the local register. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District El Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none") None P51b. Photo: (view and date) South elevation facing north. March 2018 *P6. Date Constructed/Age and Sources: ■historic 1925/8anta Ana Builing Permit *P7. Owner and Address: Blair O'Callaghan 321 East Santa Clara Avenue Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: April 26, 2018 *1310. Survey Type: Intensive Survey Update *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record []Photograph Record O Other (list) DPR 523A (1195) 25C-51 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 "Kesource Name or 1;: West d West House B1. Historic Name: West & West House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence - *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed February 9, 1925. $6,000 March 15, 1993. Reroof (portion) wR.o. $2,700. April 18, 2012. New Master bedroom, walk-in closet, master bath. *B7. Moved? ENo OYes MUnknown Date: Original Location: *B8. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme -Residential Architecture Area: Santa Ana Period of Significance: 1925-1962 Property Type: Single -Family Residence Applicable Criteria: B/2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The West & West House is historically significant for its association with Z.B. West Jr. and Franklin G. West. The West family played a vital role in the courtrooms of old Orange County for more than sixty years. Z.B. West Sr., Z.B. West Jr. and Franklin G. West's father, served as a Superior Court Judge from 1903 until his death in 1926. Judge West Sr. served as Santa Ana's City Attorney for seven. years, then was appointed the District Attorney in 1897. In addition to his contribution to the legal profession, Judge West Sr. was also active in education circles and was a devoted member of the First Baptist Church in Santa Ana. Judge West Sr. was called by the Register "the guiding light of Orange County law." (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Caroline Raftery, Chattel Inc. *Date of Evaluation: March 26, 2018 Sketch Map West&West House jN0. I 321 East Santa Clara Avenue STREET t I j j 14 I .1cm, I U 111 j 12 I I 13 15 I Lsse @ I s& Q %/ DPR 5238 (1195) *Required information 25C-52 *B10. Significance (continued) Z.B. West Jr. was the first owner and recorded occupant of the West & West House, according to city directories. Z.B. West Jr. graduated from Santa Ana High School and continued his studies at Stanford, where he graduated with honors in the class of 1917. After completing honorable and active service with the American expeditionary forces in France during WWI, West Jr. spent sixteen weeks at a French university. He then returned to California and was admitted to the bar in 1921, afterwhich he established his law practice in Santa Ana. Z.B. West Jr. followed in his father's footsteps and served as both Santa Ana City Attorney from 1923 to 1927 and District Attorney from 1927 to 1930. According to city directories, Franklin G. West resided at the residence after his brother, from 1932 until 1962. Franklin G. West also followed in his father's footseps, serving as a Superior Court judge. Franklin G. West passed the bar in 1923 after gradutating from Stanford, and practiced law with is brother Z.B. West Jr. in Santa Ana. Franklin G. West then went on to become Superior Courtjudge in 1938, and served in that capacity from 1939 unitl 1965. Franklin passed away in 1976. Franklin was held in such high esteem by the Orange County Bar Association (OCBA), that their highest honor bestowed is a lifetime achievement award, which was established in memory of Judge Franklin G. West. According to the OCBA, Judge Franklin G. West epitomized the best of the legal profession, both as an attorney and a judge. The award, which recognizes an outstanding attorney or judge whose lifetime achievements have advanced justice and the law, is presented annually. Outside of the courthouse, a third brother, Eddie West, made his name as the longtime sports editor of the Santa Ana Register. Eddie West Field at the Santa Ana Stadium is named in his honor. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The West & West House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or'fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid -1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War 11. The West & West House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its association with famous people in history of Santa Ana. Additionally, the house has been categorized as Key"because of its association with two significant persons in the history of Santa Ana and of Orange County, Z.B. West Jr. and Franklin G. West. Character defining features of the West & West House that should be preserved, include, but not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; doors and windows (original multi -pane wood casement windows, where extant); chimney; and, arched entry. 25C-53 *B12. References (continued): Brigandi, Phil. Old Orange County Courthouse: A Centennial History. San Antonio, TX, Historical Publishing Network, 2001. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. 'The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 25C-54 25C-56 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE A LETTER OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES TO PAY OUTSTANDING INVOICES FOR ADULT CROSSING GUARD SERVICES {STRATEGIC PLAN NO. 1,1} I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tst Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a letter agreement with All City Management Services Inc. (ACMS) to add additional funds to agreement #A-2015-054, which will cover the cost of three remaining Invoices totaling $74,846.47, subject to non -substantive changes approved by the City Manager and City Attorney. On March 1, 2015, the City entered into agreement #A-2015-054 with the All City Management Services Inc. for adult crossing guard services. The agreement amount was not to exceed $2,217,175. The agreement expired on February 28, 2018. During the course of the agreement, the Police Department Traffic Division increased crossing guard services, at the direction of the former Chief of Police and City Manager, at three locations. These three crossing guards were added at the intersections of Edinger/Raiff, Edinger/Center and Kennedy Middle School. Additionally, mandatory minimum wage increases and State of California Wage Orders regarding Split Shift Wage Differential laws took effect. These costs depleted the agreement amount and contingency leaving no funds to pay three remaining invoices. The new agreement that Council approved on March 6, 2018 includes funds for the three new locations, minimum wage increase, and split shift wage differential. INVOICE # DATE AMOUNT 52932 Jan 14, 2018 to Jan 27 2018 $35,157.70 53464 Feb 11, 2018 to Feb 24, 2018 $27,970.09 53767 Feb 25, 2018 to Feb 28, 2018 Total $11,718.68 $74,846.47 25D-1 Letter of Agreement with All City Management Services May 15, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #1, Modernize the Community Policing Philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety. FISCAL IMPACT Funds in the amount of $74,846.47 are available in the FY 2017-18 Police Department, Traffic Division Other Contractual Services Account (account no. 01114405 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Ddvid-VaWnfim� Francisco Gutierrez (�o� Chief of Police Executive Director Santa Ana Police Department Finance & Management Services Agency Exhibit: Letter of Agreement 25D-2 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solodo Sal Tinalem Juan Villages CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M29 . P.O. Box 1988 Santa Ana, Caliitomia 92702 714-647-5201 . Fax 714-647.0515 WWW.santa-ana.om April 17, 2018 All City Management Services, Inc. Attn: Baron Farwell, President & GM 10440 Pioneer Blvd., Ste. 5 Santa Fe Springs, CA 90670 RE: Agreement to provide payment for invoice #'s 52932, 53464 and 53767 To Mr. Fawell: CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Please find this letter agreement between All City Management Services, Inc. ("Consultant") and the City of Santa Ana ("City") in regards to the payment of the above referenced invoices. Consultant and City entered into Agreement #A-2015-054 ("Agreement') on March 1, 2015 for a term of three years that expired on February 28, 2018. Consultant provided the City with additional invoices (attached hereto as Exhibit A) for services rendered under the Agreement and both parties to this Agreement agree that the attached invoices represent the final and total amounts due under the Agreement and there are no additional monies owed for Agreement #A-2015-054. The City agrees to pay Consultant an amount not to exceed $74,846.47 for services rendered. Very truly yours, DAVID VALENTIN Chief of Police APPROVED AS TO FORM: SONIA R. CARV O City ttorney ByI V IM W L�. TahYffH 13cy6sian Assistant City Attorney ALL CITY MANAGEMENT SERVICES, INC. BARON FARWELL President & General Manager CITY OF SANTA ANA RAUL GODINEZ II City Manager ATTEST MARIA HUIZAR Clerk of the Council SANTA ANA CITY COUNCIL MgudA Pdido Mz1Nde Martinez Vicente samiento Jose Sdedo P. David Benawdes Juan Yllegas Sal Tmajero Mayor Mayor Pro Tem, Ward 2 Ward t Ward 3 Ward 4 Ward 5 Wan16 modidora�unta-anaoro mimadinezldsanta-ana.om vsar�dentorlsantaana ora isdomef .nt..ana ora dbenawdesaawla-ane om ivilemaa5santa-ana.om stinaieroklsantaana.ora 2501-3 April 17, 2018 Page 2 Exh. A - Table of Costs for Invoices (Invoice #'s 52932, 53464 and 53767) Invoice # Date Range Amount 52932 January 14, 2018 —January 27, 2018 $35,157.70 53464 February 11 2018 —February 24 2018 $27970.09 53767 February 25, 2018 — February 28, 2018 $11.718.68 Grand Total $74.846.47 SANTA ANA CITY COUNCIL Aliguel A PNido made MaNaez Vicente Samiento Jose Solana P. David 9enaWsa Juan Ydlegas Sal Trials,. Mayor Mayor Pro Tem, Wad 2 Wad 1 Ward 3 Wad 4 Wand 5 Ward 6 moelidoftanta-ana ora onind"rinez(dsanta-ana ora vsarmiedoansanta-ana ora lsolorio(dsanla ana ora daanavidasesada-ana or. WTi,gas0santa-ana ora stinayotEsanta-ana or 25D-4 Bill To Santa Ana Police Department Attn: Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 ALL CITY MANAGEMENT SERVICES Date Invoice # 2/1/2018 52932 Please Note Below - New Remittance Address P.O. Number Hours Description Rate Amount 2,109.04 School Crossing Guard Services 16.67 35,157.70 SCANNED OR 15 201 �ait�y fi Total_ ._ Please Note - Remit Payment Only to New Address All City Management Services, Inc. P.O. Box 8359 Pasadena, CA. 91109-8359 25D-5 I Bill To Santa Ana Police Department Attn: Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 ALL CITY MANAGEMENT SERVICES Date Invoice # 3/1/2018 53464 Please Note Below - New Remittance Address P.O. Number Hours Description Rate Amount 1,677.87 School Crossing Guard Services 16.67 27,970.09 SCANNED OAR 2U 2�1 �s ri, Q�February-1��:?018 a'°`rv�`�,.'2i118 T al Please Note - Retail Payment Only to New Address All City Management Services, Inc. J P.O. Box 8359 Pasadena, CA. 91109-8359 25D-6 ; _. Bill To Santa Ana Police Department Attn: Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 ALL CITY MANAGEMENT SERVICES Date Invoice # 3/16/2018 53767 Please Note Below - New Remittance Address P.O. Number Hours Description Rate Amount 2,341.85 School Crossing Guard Services 16.67 39,038.64 )oR.017 h X. dslt�.���hr =Oman" n� 6 N� Total $A038.64 Please Note - Remit Payment Only to New Address All City Management Services, Inc. P.O. Box 8359 Pasadena, CA. 91109-8359 25D-7 25D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: AGREEMENT AMENDMENTS WITH WM CURBSIDE AND WELLDYNERX FOR HAZARDOUS WASTE COLLECTION SERVICES {STRATEGIC PLAN NO. 4, 1 & 5} ClANAGER RECOMMENDED ACTION 144Ar,013016P1�N1_111111114410lilW ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. 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, 2020, with a one-year extension option, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to amend the agreement with WM Curbside, LLC, for battery recycling by amending the term of the existing agreement to expire on June 30, 2020, with a one-year extension option, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to amend the agreement with WeIlDyneRx for medical sharps disposal services by amending the term of the agreement to expire on June 30, 2020, with a one-year extension option, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 939 mandates municipalities to divert 50 percent of all waste generated from being dumped into the landfill and to implement recycling programs. The City has demonstrated compliance by implementing a variety of programs through its solid waste collection contractor. The City is in the process of engaging a solid waste consultant to develop a scope of work for new solid waste services and programs that would be implemented upon the expiration of the current solid waste agreement in June 2020. Along with the programs provided through solid waste collection services, the City has separate agreements with WM Curbside, LLC, to provide curbside collection of universal waste from Santa Ana residents, and for used battery collection at City facilities. The City also has an agreement with WeIlDyneRx to provide residents with free, safe disposal of medical 25E-1 Amend Agreements with WM Curbside, LLC, and WeIlDyneRx May 15, 2018 Page 2 sharps and needles, which require special handling. All three agreements are set to expire June 30, 2018. The development of the new scope of work for solid waste services may include some, or all, of these additional waste collection services. However, preparatory work to develop the new solid waste agreement scope of work is not scheduled to be completed until after the three agreements expire. Staff recommends extending the agreements through June 30, 2020, with a one-year extension option, to provide an opportunity to include as many of these support programs in the implementation of the new solid waste services agreement and to ensure continuation of the mandated programs in the interim. These agreements are being extended to be co -terminus with the Solid Waste Services Agreement with Waste Management and are an extension of time only. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment); and Goal #5 - community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact. G Edwin liam" Galve , P.E. Acting Executive Director Public Works Agency EG/MLM/CK Exhibits: 1. Residential Universal Waste Collection Agreement with WM Curbside, LLC 2. Battery Recycling Agreement with WM Curbside, LLC 3. Medical Sharps Disposal Agreement with WeIlDyneRx 25E-2 SECOND AMENDMENT TO AGREEMENT TO PROVIDE RESIDENTIAL UNIVERSAL WASTE COLLECTION THIS SECOND AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WM Curbside, LLC ("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. The parties entered into Agreement No. A-2008-062, dated April 7, 2008, by which Contractor has provided residential universal waste services for City residents. The original term of the Agreement was defined by the expenditure of available funds. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as VIM Curbside, LLC. C. On May 4, 2016, the parties entered into First Amendment to Agreement No. A-2016-102 to adjust the compensation and extend the term of the Agreement The Agreement remains in effect through June 30, 2018. D. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. Except as modified by this Second 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 Second Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council 8E'3 CITY OF SANTA ANA RAUL GODINEZ II City Manager APPROVED AS TO FORM WM CURBSIDE, LLC SONIA R. CARVALHO, City Attorney By: JO .FUNK Assis ant City Attorney RECOMMENDED FOR APPROVAL: By: Title: Edwin"William" Galvez, P.E. Acting Executive Director Public-Works.Agency--- --------- --- - — — — — --- - - - — -- -- -- --- 2 25E-4 THIRD AMENDMENT TO AGREEMENT TO PROVIDE SMALL BATTERY RECYCLING THIS THIRD AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WM Curbside, LLC ("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. The parties entered into Agreement No. N-2007-086, dated July 1, 2007, by which Contractor has provided battery removal and recycling services for City residents. The original term of the Agreement was from July 1, 2007 until June 30, 2009. B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known as WM Curbside, LLC. C. On September 1, 2009, the parties entered into First Amendment to Agreement No. N- 2007-086-001 to extend the term of the Agreement through the expenditure of allocated funds. D. On May 4, 2016, the parties entered into Second Amendment No. A-2016-103 to adjust the compensation and further extend the term of the Agreement. The Agreement remains in effect through June 30, 2018. E. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. 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 the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council N 5 CITY OF SANTA ANA RAUL GODINEZ R City Manager APPROVED AS TO FORM WM CURBSIDE, LLC SONIA R. CARVALHO, City Attorney By: V.f,�A- JO I. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 25E-6 By: Title: FOURTH AMENDMENT TO AGREEMENT WITH WE, LLDYNERx FOR PROFESSIONAL SERVICES ("SHARPS PROGRAM") THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 by and between WellDyneRx ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2007-278, dated December 3, 2007, by which Consultant has provided services to ensure that used medical needles are collected from City residents and disposed of in a safe and sanitary manner. The original term of the Agreement was from January 1, 2008 until December 31, 2008. B. In the original Agreement, Consultant was known as WellDyne/Rx West but has since been rebranded as WellDyneRx. C. On December 31, 2008, the parties entered into First Amendment to Agreement No. A- 2007-278-01, to extend the term of the Agreement until June 30, 2010. D. On June 30, 2010, the parties entered into Second Amendment to Agreement No. A-2007- 278-02, to further adjust the compensation and extend the term of the Agreement. E. On May 4, 2016, the parties entered into Third Amendment to Agreement No. A-2016-104 to again adjust the compensation and extend the term of the Agreement The Agreement remains in effect through June 30, 2018. F. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- year extension. The Parties therefore agree: 1. Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) year period through June 30, 2020. The term may be further extended for one (1) year upon mutual agreement by the parties. 2. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: JO .FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 25E-8 CITY OF SANTA ANA RAUL GODINEZ II City Manager WELLDYNERx By: Title: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE TO SUPPORT THEIR COMMUNITY EVENT (STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 the Latino Center for Prevention & Action in Health & Welfare in support of the Latino Health Access 5k Health Walk, in a one-time donation amount of $1,500 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreement listed above is in response to the Donation Request submitted by the community organization to the specific Councilmember, seeking sponsorship for a community event. The Councilmember reviewed and agreed to sponsoring the event through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreement (Exhibit 1) will be executed. 29A-1 Donation Agreement With Latino Center For Prevention & Action In Health & Welfare To Support Their Community Event May 15, 2018 Page 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). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Benavides $ 1,500.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. Donation Agreement 29A-2 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on MAY 15, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE 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. RECTTALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient TO PROVIDE SUPPORT TO THE LATINO HEALTH ACCESS 5K HEALTH WALK HOSTED ON APRIL 7, 2018 ("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 BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it PROVIDES ADDITIONAL RESOURCES THROUGH HEALTH EDUCATION TO THE COMMUNITY. 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 CONDTTIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500), 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. 29A-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 A reement. 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 1 29A-4 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: lui M. Funk Assistant City Attorney LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: Exhibit 1 29A-5 City of Santa Ana Donation Request CifyManager's Office— M-31 20 CIVIC Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Oil= lAmerica Bracho CEO Pddros� s: 450 W Fourth St. ity, smote, zip: I Santa Ana, CA 92701 hone: (714) 642-7792 ext 1009 malt: Iruiz@latinohealthaccess.org, cachamaure@aol.com Fimc. (714) 542-4853 • .. Direct Paymont Amount S ICJOO Event Date: 4/7/2018 Event Tlme: 8:00 aM Name: Latino Health Access (Latino en er or reven ton c ton toea th &e are Tax -Exempt Status: Is your organization a non-profit or public lax -exempt orgenizalion as defined under Section 501(c)(3) of the Internal Revenue Code? elect One: W1 Yes ❑ No It No, you 8411 only quality fora cmdif for City -related costs far yourrequest (Le. permit fees, staff time, rental rates forla�9es or equipment, etd.).Costs for City services Vary andg33-0562943 5K Health Walk - Caminata por la Salud pproved, credit may or may not coverfu8 cost of requested City services. F -Y -0,s471 Ciry Services Credit IC Date Needed: tayor/Councllmembar. Senavfdes mount Requested: I' Direct Paymont Amount S ICJOO Event Date: 4/7/2018 Event Tlme: 8:00 aM Requastod: Event Location: —Centennial Regional Park, 3000 W Edinger, Santa Ana, CA 92704 $mires; Ciry. State. Zip Description of 5K Health Walk - Caminata por la Salud Frond Purpose: To promote awareness among Santa Ana residents on the importance of physical and community Bonofit: emotional wellbeing, its impact on our community, and the growth of a healthier city. Applicant Signature: r Date: -O4JO5J2O1-8 (Mail: City Manager's Office—M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request M I DR- Reforence x on all related DPVs I _ _ _ _ _ Council Mooting Data: Eligibility fact: i YES I NO Yes f Approved Amount: City Manager Signature: Data: May 15, 2018 $1,500 Revised 01/052017 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 2 AND CHAPTER 9 OF THE SANTA ANA MUNICIPAL CODE TO CHANGE REFERENCES TO PERSONNEL SERVICES TO HUMAN RESOURCES {STRATEGIC PLAN NO. 7,7) rSWr- CIV MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an Ordinance that amends certain sections of Chapter 2 and Chapter 9 of the Santa Ana Municipal Code to change references to Executive Director of Personnel Services in the Code to Executive Director of Human Resources. Currently, within the Municipal Code, the job classification title of Executive Director of Personnel Services is considered outdated and no longer reflects the department's current operational structure. In the past, the term "personnel" referred to activities such as recruiting, record-keeping, orientation, compensation and benefits and issues directly related to City employees. Over the years, the Personnel Services Department has expanded its role within the organization to include training and development, employee and labor relations, succession planning, developing wellness programs and recognizing employees as human capital. In addition, the department has begun implementing swift technological advancements to provide expedited processes. This modern approach is known as Human Resources. As a result, the department will be changing its department name to Human Resources. In order to have the Municipal Code reflect current trends in the industry, the City Manager proposes the amendment of certain sections of Chapter 2 and Chapter 9 of the Santa Ana Municipal Code to effectuate changes to this outdated title. To correspond with this change, the 50A-1 Ordinance Amending An Executive Management Classification Job Title May 15, 2018 Page 2 Department will also officially change its name from the Personnel Services Agency to the Human Resources Department. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #7, Develop a culture of motivated and invocative leaders in the organization. There is no fiscal impact *�pociated with this action. Steven V. PlYam Executive Director Personnel Services Agency Exhibit: 1. Ordinance 50A-2 LAR 5(15/18 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO CHANGE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The current job classification title of Executive Director of the Personnel Services is outdated and does not reflect the current operational structure of the Department. B. Over the years, the Personnel Services Department handles much more than just personnel items. The Department has expanded its role in the organization to training and development; employee and labor relations; wellness programs, risk management and many other employee - centered programs. C. In an effort to reflect this wide -reaching and encompassing philosophy, the outdated title of Executive Director of Personnel Services is to be replaced with Executive Director of Human Resources. Likewise, the Personnel Services Agency will now be known as the Human Resources Department. Section 2. The Santa Ana City Council hereby amends Sections 2-300 and 2-300.7 of Chapter 2 of the Santa Ana Municipal Code as follows (strike outs will be deleted and underline references new language): ARTICLE IV.- OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS DIVISION 1.- GENERALLY y 1 J Sec. 2-300. - City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; (5) Assistant city manager, (6) Deputy city manager for development services; (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10)Executive director of public works; (11)Executive director of parks, recreation and community services; (12)Executive director of Y •senal sewices human resources; (13)Executive director of community development; (14)Executive director of planning and building safety. Sec. 2-300.7. - Executive director of human resources. All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the executive director of personnel services or director of personnel shall be deemed references to the executive director of human resources. Section 3. The Santa Ana City Council hereby amends sections 9-2 through 9-2.5, 9-4, 9-8, through 9-9, 9-11 through 9-12, 9-15, 9-32, 9-38, through 9-40, 9- 42 through 9-43, 9-46, 9-61 through 9-62, 9-66 through 9-67-69, 9-71, 9-92 through 9-93, 9-112, 9-115, 9-118, 9-142 through 9-143, and 9-166 of Chapter 9 of the Santa Ana Municipal Code as follows (strike outs will be deleted and underline references new language): ARTICLE I.- IN GENERAL Sec. 9-2. - Definitions. Ordinance No. NS -XXX Page 2 of 16 The following terms, whenever used in these rules and regulations, shall be construed as follows: Assembled examination : A test conducted at a specified time and place at which applicants are required to appear for competitive examination under the supervision of an examiner. Board: The personnel board appointed in accordance with sections 911 and 912 of the charter. Charter: The Charter of the city, ratified by the voters of the City November 4, 1952, adopted by California Concurrent Resolution No. 10, in Assembly January 8, 1953, and in Senate January 8, 19.53, as amended. Class or classification: A group of positions in the competitive service which are substantially so similar as to require the same kind and amount of training and experience for proper performance and to merit equal pay. Council: The city council of the City of Santa Ana. Executive director of personnel sewises human resources: That person designated by the city manager to have charge of personnel administration. Eligible : A person who legally maybe appointed to a vacant position in the competitive service as provided in the rules. Eligible list: A list of persons eligible for appointment in the competitive service to positions in the class indicated by the title of the class. Memorandum of understanding: An agreement between the city and represented employees under the Meyers-Milias-Brown Act. Oath of office : That oath required by the charter; prior to entering upon the duties of a position. Part-time appointment. An employee appointed to a position which averages more than twenty (20) hours and less than forty (40) hours per week within the civil service system as outlined in these rules and regulations. Part-time employee: An employee appointed to a position within the civil service system which averages more than twenty (20) hours and less than forty (40) hours per week. Position : A group of current duties, tasks and responsibilities assigned or delegated by competent authority, requiring the full or part-time services of one (1) person. Regular appointment: An appointment to a regular full-time or part-time civil service position after completion of the prescribed probationary period. Regular employee/status: A full-time or part-time employee who has successfully completed his or her probationary period and has received a regular appointment. An employee who has attained regular status retains that status during any probationary promotional periods. Ordinance No. NS -XXX Page 3 of 16 y (] Unassembled examination: An appraisal of training, experience, work history, or use of other means for evaluating relative qualifications without the necessity for the personal appearance of applicants at a specified time. Sec. 9-2.5. - Appointing authorities. (a) For purposes of section 707 of the charter, the following officers of the city are designated as the heads of a department, office or agency, having the power to appoint and remove such deputies, assistants, subordinates, and employees as are provided by the city council for their department, office, or agency, and shall be deemed to be a "department head," "appointing officer," and "appointing authority" with respect to such deputies, assistants, subordinates and employees for purposes of this chapter. (1) City attorney; (2) Clerk of the council; (3) Police chief; (4) Fire chief; (5) Executive director of finance and management services; (6) Executive director of public works; (7) Executive director of recreation and community services; (8) Executive director of ffeFseanel sewises human resources; (9) Executive director of planning and building safety; (10) Executive director of community development; (11) Library director; (b) The city manager shall be the "appointing officer" and "appointing authority" for purposes of this chapter for all appointed officers of the city except officers appointed by the city council pursuant to the charter and for those employees of the city who are not subject to appointment and dismissal by any officer designated in subsection (a) of this section. (c) The officers listed in subsection (a) of this section shall constitute the heads of departments of the city for purposes of clause (7) of subsection (a) of section 1002 of the charter. Ordinance No. NS -XXX Page 4 of 16 y 1 M Sec. 9-4. - Executive director of persertael sewiees human resources. There is created the position of executive director of peFsennelsewises human resources. The executive director of personnel seFV;Ges human resources shall be appointed by, and serve at the pleasure of, the city manager. The duties of the executive director of peFsennel seWiGes human resources may be combined with those of any other office or position which is filled by appointment by the city manager. The executive director of peFseanelseFviGee human resources shall: (1) Serve as secretary to the personnel board, if so appointed by the city manager. (2) Administer all the provisions of the civil service rules and regulations except those specifically reserved to the council, the personnel board, or the city manager. (3) Be custodian of the official records concerning the employment status of all employees. (4) Confirm that authorized budgeted positions exist, before probationary or temporary appointments are made. (5) Keep such records as required by these rules and regulations. (6) Ascertain that employee pay items conform to memorandum of understanding provisions and to federal, state and municipal laws. Sec. 9-8. - Medical examinations. Before the initial placement with the city, individuals receiving job offers will be required to successfully pass a physical examination before a licensed physician. The standards for the physical examination including the drug screening shall be established prior to publication of the written announcement of the examination. The licensed physician mentioned in this section shall be one selected by the executive director of personRel sewises human resources. The examination fee shall be paid by the city. A candidate for a promotional appointment to a classification which requires higher or more stringent medical standards than the classification from which the candidate seeks promotion shall be required to pass a medical examination prior to appointment. Sec. 9-9. - Hearings—Before personnel board. Hearings before the personnel board shall be called by the chair of the personnel board or, in the chair's absence, by the vice -chair. The chair shall make arrangements through the executive director of peFsenRel sewiees human resources for suitable clerical assistance and for assignment of space in which to hold the hearings. Ordinance No. NS -XXX Page 5 of 16 50A-7 Sec. 9-11. - Employee performance appraisals. The city manager shall establish and make effective a system of employee performance appraisal. Such evaluations shall be prepared by the employee's immediate supervisor and shall be reviewed by the division and/or department head. Performance appraisals shall be reviewed with the employee concerned and the employee shall sign the appraisal form to acknowledge said review. Performance appraisals will be submitted according to the following schedule for full-time civil service employees and after equivalent hours of service for part-time civil service employees: (a) At the end of each four (4) months' service during probationary periods; (b) Annually after completion of probation; (c) Prior to a merit increase eligibility date; (d) As called for, at the discretion of the appointing authority and/or as mandated by the applicable memorandum of understanding. Employee performance appraisals, including those prepared as directed in this section will be delivered to the executive director of peFseaa`I seMses human resources for filing with the records of the employee. Performance appraisals will be considered in making merit salary advances and may be considered a factor in promotional examination, demotions, and dismissals. Sec. 9-12. - Employee records. Department heads shall furnish the executive director of pe•^^nnel ce^^^eG human resources with written reports of any disciplinary action involving loss of pay, and of any especially noteworthy communication or oral commendation or condemnation received or written by the department head relative to the performance of any employee. Sec. 9-15. - Same—Records. All departments shall keep attendance records prescribed by the city manager and shall transmit them to the executive director of peFSORRel sepviGes human resources on the dates he or she shall specify. ARTICLE II: EXAMINATIONS Sec. 9-32. -Announcement. Whenever an examination is to be given, the executive director of peFsennel sewiseshuman resources shall give sufficient public notice to ensure an adequate number of applications are received from qualified individuals. Notices for open competitive examinations shall be posted on a bulletin board at the city hall, readily available to the public, in the office of the executive director of personnel services Ordinance No. NS -XXX Page 6 of 16 y ll m • and in the departments where exist classifications for which examinations are being held, and in such other places as may attract qualified candidates. The notices will contain sufficient information relative to the examination to indicate to interested candidates the duties and prerequisites of the position, together with dates, salaries and pertinent benefits. Promotional examinations will be published by means of notices posted in the departments containing qualified candidates and in the office of the executive director of persORRel s^^^^es human resources. Sec. 9-38. - Conducting. The executive director of peFsennel GeFY1Ges human resources shall determine the manner and methods and by whom examinations are to be administered. No person shall be permitted to take an examination unless an application has been submitted in accordance with the terms of the public notice for the particular position. Sec. 9-39. - Qualification appraisal. In examinations where the executive director of personnel seariises human resources considers it appropriate, education, experience and personal qualifications of the candidates shall be evaluated on the basis of interviews conducted by a board composed of persons known to be interested in the improvement of public administration and in the selection of efficient personnel according to merit system principles. In classifications requiring technical knowledge, at least one (1) of the members of the board shall be familiar with the technical aspects of the work in the classification for which the applicant will be examined. The board mentioned in this section shall consist of at least two (2) persons. Each member of the board will submit a report in writing on forms supplied by the executive director of persenael GGP1ises human resources, and these reports will be made available to the appointing authority for those candidates who have been certified as eligible for appointment. The boards described in this section will be known as qualification appraisal boards. Sec. 9-40. - Rating. The minimum grade or standard determining eligibility shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown on the application of the candidate or other verified information. Each section of the examination shall be graded independently. Weights of sections shall aggregate to one hundred (100). Veterans' preference and seniority shall not be considered sections. When applicable, veterans' preference and seniority points shall be added to the general average, and the resulting sum shall be used in determining the order or band in which the name of the candidate shall appear on the eligible list. Failure in one (1) section may be grounds for declaring the applicant as having failed in the entire examination and as disqualifying for subsequent parts of an examination as shall Ordinance No. NS -XXX Page 7 of 16 ' • y be determined by the executive director of peFseR^^l seN'Ges human resources. All applicants in the same examination shall be accorded uniform and equal treatment in all phases of the examination procedure. Sec. 9-42. - Error appeal. During the five (5) working days commencing with the first working day after a written test has been completed, a candidate may file with the executive director of r •^^^^�; seFVIGee human resources an appeal against any item of the test or any part of the test, citing the items or the parts against which the appeal is directed and the reasons for such an appeal. An eligible list resulting from such test shall not thereafter be established until all the disputed items have been reviewed by the executive director of perseP�Ges human resources and corrected if found to be wrong, or the appeal denied. Decisions of the executive director of peFseNael sePAGes human resources shall be subject to review by the city manager upon written request by the candidate filed with the executive director of personae{ services human resources within five (5) working days of the decision. Sec. 9-43. - Grading appeal. During the five (5) working days beginning with the day after notice of placement on the eligible list has been mailed, a candidate may file with the executive director of peFSORnelseFV;ces human resources a request to review the score assigned to each component of the examination. If the candidate believes an error has been made in any computation of his or her scores, including computation of score assigned to each examination component, determination of weighted scores, or in the summing of weighted scores, he or she may make application, in writing, to the executive director of peFsennel sewlees human resources for an adjustment of his or her score. However, in such application the candidate must state specifically and particularly wherein he or she believes error has been made. Any error that may appear shall be corrected, and any change in the standing of candidates as a result thereof shall be made by the executive director of personae! sewises human resources within five (5) working days after the appeal period. All conclusions in connection with appeals shall be approved or disapproved by the city manager and shall be subject to review by the personnel board upon written request by the candidate filed with the board within five (5) working days after the candidate has been notified of the decision of the city manager. Sec. 9-46. - Same—Duration. Such eligible lists shall remain in effect for the time period listed below, unless within such period the executive director of personnel c^^ ^^s human resources shall not be able to certify for appointment the number of persons required under the provisions of this chapter. Ordinance No. NS -XXX Page 8 of 16 50A-10 (a) Eligible lists for classifications designated as "local police/fire safety" members of the public employees' retirement system shall be in effect for two (2) years. (b) Eligible lists for all classifications which are not included in subsection (a) above shall be in effect for six (6) months, but may be extended in six- month increments with the approval of the city manager to allow for a maximum life of list of two (2) years. ARTICLE III. -FILING VACANCIES Sec. 9-61. - Same—Request for removal or reinstatement of name. An eligible, at any time, may request in writing that his or her name be withdrawn temporarily from the eligible list and placed on inactive status. Upon approval of the executive director of personnel sewises human resources such request shall be granted, and likewise, upon written request of the eligible, his or her name may be reinstated to active status during the life of the list. Sec. 9-62. - Same—Consolidation. Two (2) eligible lists of the same type (open or promotional) for the same classification may be consolidated by the executive director of peFsennel sepvmres human resources by placing eligibles from an old list onto a new list in accordance with the procedures outlined in section 9-45. The names on the resulting (consolidated) list shall be certified in accordance with the procedures outlined in section 9-66. Sec. 9-66. - Certification—Procedure. Upon receipt of the request from an appointing authority, the executive director of pefsonnef sewises human resources shall certify, to the appointing authority, names in accordance with the following: (1) If a reemployment list exists for the classification, one (1) name for each vacancy. (2) If no reemployment list exists, names shall be certified as follows: (a) By transfer list, then by reappointment list. If the combined total of candidates eligible for certification from these two (2) lists is less than five (5), candidates may be certified from a promotional list, if any, or an open list as shown below. (b) For promotional -only appointments, the names of the candidates with the three (3) highest scores on the promotional eligible list. Except in the case of ties, the number of names to be certified from an active Ordinance No. NS -XXX Page 9 of 16 50A-11 promotional list shall be two (2) more than the number of appointments to be made. In the event of ties, if there are three (3) or more candidates at the highest score, only those candidates shall be certified. If there are less than three (3) candidates at the highest score but three (3) or more candidates within the highest two (2) scores, then those candidates with the two (2) highest scores will be certified. If there are no ties at the first and second scores, then all candidates within the top three (3) scores will be certified. (c) For open appointments, the number of names to be certified from the open eligible list may be four (4) more names than the number of appointments to be made. When the number of candidates certified in the highest band is less than five (5), the appointing authority may request the certification of the next lower band. If more than five (5) people are in the group from which an appointing authority is entitled to select, the appointing authority may review the applications of the candidates in that group and select a lesser number of candidates for certification whose qualifications best fit the needs of the position. Sec. 9-67. - Appointments. The appointing authority may appoint, of the candidates certified, whichever one in his or her opinion is best qualified for the position. No candidate may be certified more than four (4) times from any eligible list resulting from any one (1) examination except candidates on open eligible lists, who may be certified more than four (4) times, at the discretion of the executive director of peFsenael sewises human resources, in keeping with the charter. If no eligible list for the classification exists, or if an existing list for the classification contains less than three (3) promotional candidates or five (5) nonpromotional candidates who are eligible and available for appointment, the executive director of „ersel;Rel seMses human resources shall so notify the appointing authority who may select from the existing candidates or, after requesting a new recruitment, may make a temporary appointment to the vacancy. After making the selection, the appointing authority shall inform the executive director of peFseapel sewlses human resources of the candidate appointed, the date that person will assume the duties of the position and the applicable rate of pay. After verification that the candidate has passed the required medical examination per section 9-8, and after verification of the execution of the oath of office, the executive director of human resources shall confirm the appointment. After confirmation of the appointment, the appointing authority shall enter the name of the employee on the employment rolls. Ordinance No. NS -XXX Page 10 of 16 50A-12 Sec. 9-67.1. - Exclusion of close relatives. If, in the opinion of an appointing authority, the appointment of a candidate to a position of employment under the jurisdiction of such appointing authority would result in a violation of the policy set forth in section 9-3.1, the appointing authority shall so notify the executive director of pew human resources, who shall exclude such candidate from the list of names certified to such appointing authority for such position. Any close relative of an appointing authority shall likewise be excluded from any list certified to such appointing authority. In the event a candidate is excluded pursuant to this section, the executive director of personnel seMGes human resources shall certify to the appointing authority a list containing the names of all candidates who would have appeared on such list if the excluded candidate had never been a candidate for the subject position of employment. A candidate who is excluded pursuant to this section shall not be considered as having been certified from an eligible list for purposes of sections 9- 5 or 9-67. Sec. 9-68. - Failure to appoint certified applicant. If, upon certification, an eligible declines appointment or neglects to report to the appointing authority for interview, the appointing authority shall notify the executive director of peFsennel sellflGes human resources. The executive director of ^^MaRRel se^^^eS human resources shall remove any eligible from the list for neglect to report within five (5) working days after notice has been sent by mail to the address on file, unless said eligible provides an explanation satisfactory to the executive director of personnel serViGes human resources. In the case of a promotional -only appointment, after an eligible declines appointment and/or is removed from the eligible list, the executive director of ^e•s^^nel seW!Ges human resources shall upon the request of appointing authority certify the next candidate on the list. In the case of an open appointment, after an eligible declines appointment and/or is removed from the list, if the number of eligible candidates is less than five (5), the executive director of persennel sewiseshuman resources shall upon request of the appointing authority certify the next lower band. Sec. 9-69. - Filling by temporary appointment. Temporary appointments may not be for a period longer than one hundred eighty (180) calendar days after the first day of such temporary appointment, nor may temporary appointments be made to any position a cumulative total of more than one hundred eighty (180) calendar days in one (1) calendar year following the first day on which the position is filled by a temporary appointment. Such temporary appointment will be terminated when an employment list is prepared for the position. Temporary appointments shall be processed by the executive director of PeFG9nnel S^^^^^s human resources for record keeping purposes and to conform with personnel policies and regulations. Ordinance No. NS -XXX Page 11 of 16 50A-13 Sec. 9-71. - Part-time positions in the excepted service. Part-time positions of twenty (20) regular hours per week employment, as outlined in the charter, will be processed by the executive director of peFseanel sewises human resources for record keeping purposes and to conform with personnel policies and regulations. ARTICLE IV. -PROBATION Sec. 9-92. - Probationary period performance appraisals. Performance appraisals will be prepared by the appointing authority every four (4) months during the probationary period and filed with the executive director of personnel sepvises human resources. These reports will bear the statement that the employee is to be retained or rejected. The final report will be filed five (5) working days prior to the end of the probationary period. Sec. 9-93. - Probationary employee rejection. A rejection during the probationary period will be effective as of the date of rejection by the appointing authority. Within ten (10) days of the rejection, the appointing authority will file a statement with the executive director of personnel seFvlses human resources, stating the reason for rejection and giving the effective date, which shall not be later than the last day of the probationary period. In case of separation because of rejection during the probationary period, the probationer concerned will be notified immediately in writing, and a copy of such notice will be filed with the statement furnished the executive director of peFsen^^' c^^^^^s human resources. ARTICLE V.- DEMOTION, TRANSFER, RESIGNATION, REDUCTION -IN - FORCE, LAYOFF, ETC. Sec. 9-112. - Resignation—Submitting. Any employee voluntarily leaving the employment of the city shall at least two (2) weeks prior to separation, submit a written resignation to his or her department head with the effective date and reason for resignation. Failure to furnish the written resignation within the time stated in this section may be cause for denying the employee reappointment privileges. Resignations shall be forwarded, by the appointing authority, to the executive director of perseRRel services human resources. Sec. 9-115. - Reversion to competitive service. When an employee is entitled to reversion to his or her former position in the competitive service from the excepted service, the executive director of peFsennel Ordinance No. NS -XXX Page 12 of 16 50A-14 se.,aGes human resources will notify the appointing officer in the department from which the employee transferred to the excepted service. The latter, in restoring the person to the former position, as prescribed in the charter, will provide the required vacant position, if it does not exist, by means of lay-off or demotion, as outlined in other sections of these rules and regulations. Sec. 9-118. - Suspensions; demotions; dismissals. (a) Right to exercise the disciplinary and dismissal powers hereinafter provided is vested respectively in the officers of the city who have the power of appointment as to any position in the personnel system. (b) Except as specified in subparagraph (d), any employee serving a probationary period in a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, demotion or dismissal, and the employee so disciplined or discharged shall not have a right of appeal, except that an employee who held regular status in some other position or employment included within the civil service immediately prior to his appointment to probationary status shall not be discharged without written notice of charges, an opportunity to answer, a written decision as hereinafter provided and right of appeal to the personnel board. (c) Except as specified in subparagraph (d), any employee, other than one serving a probationary period, holding a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, or to demotion, or to dismissal subject to a right to appeal to the personnel board in accordance with the procedures set forth in this article. However, such appeal shall not.stay the imposition of suspension, demotion or dismissal following the written decision of the appointing authority. (d) Each or any of said actions relating to suspension, demotion, or dismissal may be taken by the officer having power of appointment to the position for reasonable and sufficient cause; provided, however, that no employee who is exempt from the requirements of the Fair Labor Standards Act shall be subject to suspension without pay for any period of less than one (1) week. (e) Each such employee shall have ten (10) calendar days after receipt of the written decision of the appointing authority in which to file a notice requesting a hearing before the personnel board. Such request for a hearing shall be filed with the executive director of peF60n^^' c^^^^es human resources. If a hearing is requested, the personnel board shall thereupon set a date for hearing the matter at its earliest convenience. Hearing procedures shall be informal, and the rules of evidence generally applicable to administrative proceedings shall apply. Such employee shall have an opportunity at such hearing to be heard in person, or by counsel, and the right to subpoena witnesses. Except as otherwise provided by law, all hearings held under the provisions of this section shall be open to the public. Ordinance No. NS -XXX Page 13 of 16 50A-15 (f) The personnel board shall make written findings which shall state as to each charge whether or not such charge is sustained. The personnel board shall also set forth in writing its conclusions and recommendations based upon such findings, and within ten (10) days after concluding the hearing, it shall certify its findings, conclusions, and recommendations to the officer from whose action the appeal was taken, and to the city manager and the city council. (g) If, with respect to a suspension, demotion, or dismissal, the personnel board shall conclude that the employee charged was not guilty of the act or omission resulting in such suspension, demotion, or dismissal, a recommendation by it of reinstatement without loss of pay shall be binding upon the appointing authority, who forthwith shall order such reinstatement. In the event that the personnel board shall conclude that the employee was guilty of the act or omission resulting in such suspension, demotion, or dismissal but that the penalty was not warranted under the circumstances, the personnel board may review the severity and appropriateness of the punishment. A recommendation by it of a greater or lesser punishment or of reinstatement with or without loss of pay shall be binding upon the appointing authority, who forthwith shall order the same. If, with respect to a suspension, demotion or dismissal, the personnel board concludes that the employee was guilty of the act or omission resulting in such suspension, demotion or dismissal, and that such punishment was warranted, such decision shall be final. (h) Vacancies created under this section may be filled by the appointing authority by temporary appointment pending the completion of any proceedings taken hereunder. (i) A reduction in pay shall be treated as a demotion under this section, unless the reduction in pay is part of a plan of reclassification of positions or of a plan to reduce salaries and wages in connection with a general economy or curtailment program, or is the result of a finding by the appointing authority that the employee's performance does not justify the continuance of a level of pay that is dependent upon meritorious service. A failure to grant an increase in pay at a time when an increase would otherwise have been granted as a part of a plan to increase salaries and wages throughout the city service shall not be treated as a demotion under this section. Q) The personnel board may adopt procedural rules to govern the conduct of its hearings. ARTICLE VI.- LEAVES, HOLIDAYS AND ABSENCES DIVISION 1.- GENERALLY Sec. 9-142. - Same—Same—Return from. Ordinance No. NS -XXX Page 14 of 16 50A-16 An employee returning to duty with the city shall inform the department head and executive director of peFsennel cGePAGes human resources of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the department head concerned will take steps necessaryto restore the employee to the former or comparable position. Sec. 9-143. - Military leave—Proof of orders; reinstatement. An employee shall be granted military leave if he or she furnishes the executive director of peFsennel 6epoiGes human resources satisfactory proof of his or her orders to report forduty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided by law. DIVISION 2: SICK LEAVE Sec. 9-166. - Notice. The employee taking sick leave shall notify his/her department head either prior to or within four (4) hours after the time set for beginning his/her duties, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee shall present to his/her department head a physician's certificate stating the cause of illness and that, in his/her opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the executive director of persennel-se-.4--es human resources with the report of the return of the employee to work. Section 4. 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. ADOPTED this day of 2018 Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 15 of 16 50A-17 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:('\Ta h X. 614i L Laura A. Rossini Senior 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 that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 16 of 16 Clerk of the Council City of Santa Ana 50A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE ORDINANCE AMENDMENT NO. 2018-03 TO REVISE THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION (STRATEGIC PLAN NO. 5, 1) �r� � ; 4�-, - RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P IJ.1091 ❑ As Recommended ❑ As Amended ❑ Ordinance on1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Ordinance Amendment No. 2018-03 to revise the frequency of meetings of the Historic Resources Commission from monthly to quarterly. HISTORIC RESOURCES COMMISSION ACTION At a special meeting on April 26, 2018, the Historic Resources by a vote of 8:0 received and filed the Ordinance Amendment to revise the frequency of meetings of the Historic Resources Commission. DISCUSSION The Historic Resources Commission updated its bylaws on January 28, 2016 establishing quarterly meetings to be held in January, April, July and October of each year. Currently, Santa Ana Municipal Code (SAMC) Section 2-372 pertaining to meeting frequency of the Historic Resources Commission indicates that meetings will be held monthly. In order to establish consistency with the revised bylaws, Section 2-372 of the SAMC will be amended as follows: "The Historic Resources Commission shall meet quarterly at dates and times specifically set out and established in the rules of the commission." 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). 50B-1 Ordinance Amendment to Revise the Frequency of Historic Resources Commission Meetings May 15, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning & Building Agency SB:rb S:RFCA\05-15-18\0rd Amend HRC Bylaws Exhibit: A. Ordinance 50B-2 LS 5.15.18 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's various boards and commissions have established dates and times for regular meetings. B. The Historic Resources Commission updated its bylaws to establish quarterly meetings to be held in January, April, July and October. C. The Santa Ana Municipal Code section pertaining to the meetings of the Historic Resources Commission requires amendment to align with the bylaws. Section 2. Section 2-372 of Article IV, Division 2.5, of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-372. - Meetings. The historic resources commission shall held at least one (1) Fequlai: meetin aGh Fnenth meet quarterly at dates and times specifically set out and established in the rules of the commission. Section 3. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance amending the frequency of meetings held by the Historic Resources Commission will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 4. 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 S -_50Ordinance No. NS -- 50B -3 B_3 Page 1 of 2 the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: &11 C' Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers 2018. 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS - Page 2 of 2 Clerk of the Council City of Santa Ana 50B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ACCEPTING FY 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) (STRATEGIC PLAN NO. 1, 2E, 2F, 6C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $49,326 in Emergency Management Performance Grant (EMPG) funds in the Law Enforcement Grants revenue account (no. 12814002-52001), and appropriating same to the Emergency Management Performance Grant expenditure account (no. 12814414 -various). 2. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for the purpose of obtaining federal funds, related to homeland security, emergency management and/or disaster recovery, provided by the US Department of Homeland Security and sub -granted through the State of California. 3. Authorize the City Manager and the Clerk of the Council to execute a one-year agreement with the County of Orange, for the period of July 1, 2017 through June 20, 2018, for the EMPG Grant in an amount not to exceed $49,326, subject to non -substantive changes approved by the City Manager and City Attorney. In September 2017, the Police Department prepared an initial application for the FY 2017 Emergency Management Performance Grant (EMPG), which is funded by the US Department of Homeland Security and passed through the State of California Office of Emergency Services (Cal OES). The EMPG grant is designed to assist state and local emergency management and disaster preparedness programs with employment and development of emergency management staff, development of emergency plans and procedures, and preparing cities for disaster response. The EMPG grant is distributed by population to counties and cities that maintain emergency management staff and meet training, exercising and reporting requirements. 55A-1 Emergency Management Performance Grant May 15, 2018 Page 2 The Police Department was notified that it has received a FY 2017 EMPG grant in the amount of $49,326. The Police Department is awaiting final approval from Cal OES of a grant amendment authorizing the use of these funds for Emergency Operations Center (EOC) equipment. These funds will be used to purchase approximately 44 laptop computers and accessories to those computers, which will equip the City's EOC to provide for situation assessment, management of information and resources, and other communications during City-wide emergencies or disaster events. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy E (Update the City's Emergency Operations Center (EOC) emergency preparedness plan to include a community evacuation strategy to respond to natural disasters) and Strategy F (Partner with emergency assistance and disaster relief organizations to promote community awareness of emergency preparedness (e.g. citywide community preparedness day)), and Objective #6 (Enhance Public Safety integration, communications and community outreach), Strategy C (Continue to develop and implement joint command level training in collaboration with the Police Department's Emergency Operations Coordinator). FISCAL IMPACT The appropriation adjustment will recognize $49,326 in Emergency Management Performance Grant (EMPG) funds in the Law Enforcement Grants revenue account (no. 12814002-52001), and appropriate same to the Emergency Management Performance Grant expenditure account (no.12814414-various). APPROVED AS TO FUNDS AND ACCOUNT: mr . Dav"K Vale' Francisco utierrez, Chielbf-Police Executive Director Santa Ana Police Department Finance and Management Services Agency Exhibits: 1. Resolution 2. Transfer Agreement with County of Orange 55A-2 Exhibit 1 TB 5.15.18 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OF HIS DESIGNEE(S) TO OBTAIN 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OFORANGE 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 State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG). The funds cover the salary costs for personnel involved in emergency management activities as well as the cost of miscellaneous equipment identified on the OHS approved equipment list. B. The County of Orange is a subgrantee of the 2016 EMPG funds and will provide funds to local governments for implementation of countywide emergency management capabilities. C. The City of Santa Ana is one of the subrecipients of the EMPG funds and has been allocated $49,326 of the County of Orange's total EMPG fund. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager, on terms acceptable to the City Attorney, to execute a sub -recipient transfer agreement (also called a transfer agreement) with the County of Orange and/or Orange County Sheriffs Department in an amount not to exceed $49,326. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager or his designee, on terms acceptable to the City Attorney, to prepare reimbursement agreements for salary costs, equipment, services, or training with the County of Orange pursuant to the guidelines set for in the EMPG program and EMPG Articles, Assurances, Certifications, Terms and Conditions. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2017 Emergency Management Performance Grant in the amount of $49,326 and appropriates same in the FY 2017 Emergency Management Performance Grant expenditure accounts. Resolution No. 2018 -XXX 55A-3 Page 1 of 2 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of May 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Smile R. Carvel , City Attorney By: Wriiia Bogosian Assistant City Attomey 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. 2017 -XXX. to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-4 Resolution No. 2018 -XXX Page 2 of 2 1 2 3, 4 5 6 7 8 10 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 Exhibit 2 AGREEMENT TO TRANSFER FUNDS FOR 2917 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this day of 20_, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and City of Santa Ana a municipal corporation, hereinafter referred to as -..eitnnc�ri>ac>,rrn - WHEREAS, COUNTY, acting through its Sheriff Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and accepted the Emergency Management Performance Grant (hereinafter referred to as "the gmnf) from the California Office of Emergency Services ("CalOES"). WHEREAS, the purpose of the grant is to support comprehensive emergency management at the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation, response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY2017 Emergency Management Performance Grants [EMPG] Notice of Funding Opportunity [NOFO]), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (EMPG City Financial Management Forms Workbook), which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, grant property and equipment shall be used by SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto. 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant CFDA: 97.042 Emergency Management Pcrformanm Giant Departmirt of Homeland Security Page 1 of 4 55A-5 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the I grant funds. 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (Emergency Management Performance Grant Program: California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance), which is attached hereto and incorporated herein by reference. 6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard ices for all CalOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY ately upon discovery that it has not abided or no longer will abide by any applicable provision of Agreement or Attachments A, B, C, or D hereto. 7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the agency from which .COUNTY. received. grant funds, and their elected and appointed :officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBRECIPIENT's performance of this Agreement, including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in the performance of this Agreement, including Attachments A, B, C, and D hereto. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express written consent of COUNTY. CFDA 97.042 Emergency Management Perfntmance Grant Department of Homeland Security y Page 2 of a 2 3 4 5; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Is. SUBRECIPIENT shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 11. For a period of three years after the final Federal Financial Report hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the, same time period, SUBRECIPIENT shall -make said documents, papers and --records -available to l COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBRECIPIENT, upon request, during usual working hours. 12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after the final Federal Financial Report hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C. and D hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. 15. By signing this Agreement, SUBRECEIPIENT understands and agrees that: a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement under the FY 17 EMPG: CFDA: 97.042 Emergency Management Performonm G=1 Page 3 .f 4 55A-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. A SUBRECIPIENT representative must attend half of the Orange County Emergency Managers Organization meetings held from July 1, 2017 through June 30, 2018; c. SUBRECIPIENT must maintain National Incident Management System (NIMS) compliance; d. For any personnel whose salary is charged to the grant, that specific individual must meet the training and exercise requirements set forth in the grant guidance; and e. Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved for funding; any changes must be pre -approved by the California Office of Emergency Services. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: v20— COUNTY OF ORANGE, a political subdivision of the State of California APPROVED AS TO FORM COUNTY COUNSEL By Wendy J. Phillips, Senior Deputy DATED: APPROVED AS TO FORM CITY OF SANTA ANA �� By-.( luuW Tamara Bogosian Assistant City Attorney FDA: 97.042 ol"gercy Managcment Peformanm Grant epanm nl of Homeland Smurity By Sheriff -Coroner "COUNTY" SUBRECIPIENT ATTEST: DATED: City Clerk Page 4 of 55A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: CONSIDERATION OF A DENSITY BONUS AGREEMENT TO ALLOW A 418 -UNIT AFFORDABLE SENIOR RENTAL COMMUNITY AT 2222 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} AA lv' C TY MANAGER RECOMMENDED ACTION Review and select options below: CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 execute a Density Bonus Agreement with Affordable Housing Land Consultants, Inc., or assigns, for a 55 -year term, subject to non -substantive changes approved by the City Manager and City Attorney for the development of a 418 -unit affordable senior rental residential community at 2222 East First Street, or alternatively 2) Deny the Density Bonus Agreement, or alternatively 3) Direct staff to re-evaluate the Density Bonus Agreement PLANNING COMMISSION ACTION At its regular meeting on September 11, 2017, the Planning Commission recommended approval of the Density Bonus Agreement No. 2017-01 by City Council as conditioned to allow construction of a 418 -unit affordable senior rental residential community at 2222 East First Street located in the Metro East Mixed Use Overlay District (OZ -1). UPDATE FROM THE MAY 1, 2018 CITY COUNCIL MEETING This item was continued from the Regular City Council meeting of May 1, 2018 with direction for staff to provide additional information on the following issues: Examine how the project meets the City housing needs The Housing Element prioritizes large family housing due to the larger household size and younger age of the City's population. As an affordable senior housing project the increased density permitted by this agreement will serve a different segment of the population without supportive services tailored to the population. 60A-1 Density Bonus Agreement for 2222 East First Street May 15, 2018 Page 2 Two projects are proposed on East First Street within 320 feet of each other. If approved, the projects would create up to 970 affordable dwelling units on 10 acres. The senior project includes 92 studio units, 277 one -bedroom units and 49 two-bedroom units. The family housing project includes 27 one -bedroom units, 239 two-bedroom units, 146 three-bedroom units, and 140 four-bedroom units. The City has not made any commitment in any form to provide funding for the development of this project. The approval of the density bonus agreement shall not be construed as approval of the financing requested by the developer for the project and does not bind the City in any form to provide future funding for the development of the project. The Density Bonus Agreement (DBA) will allow for 418 affordable units on a 3.17 -acre site. The previously approved MEMU Environmental Impact Report (EIR) analyzes the impact of increased density based on a typical density of 90 dwelling units per acre. The proposed Density Bonus exceeds the density analyzed in the EIR. The Traffic Impact Analysis prepared on this project indicates that the project will not generate any new significant traffic impacts. The MEMU requires 15% publically accessible open space for multi -family projects or approximately %2 acre for this project. The project was approved with a Housing Density Bonus concession reducing the amount of open space required to less than 1/8 acre. The MEMU requires two parking spaces per unit inclusive of guest parking or 836 spaces for this project. The project was approved with a reduced number of parking spaces pursuant to AB 744. As a result, the required parking for this project is '/2 parking space per unit or approximately 213 spaces. In summary, the Density Bonus Agreement as written will facilitate development of an affordable senior rental housing project that serves a group that was not identified as a priority population and locates two affordable housing projects within close proximity of each other, contrary to the purpose and intent of the Santa Ana Municipal Code Article XVII — Density Bonus for Affordable Housing. DISCUSSION The California Density Bonus Law allows developers to seek increases in allowed zoning density by providing additional affordable housing units on-site. To make development of on-site affordable housing units feasible, the law allows developers to request incentives or waivers, which are essentially variances from development standards. The first version of the Density Bonus Law was adopted in 1979 and has been amended from time to time. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to justify a density bonus and places the burden on local granting authorities to prove that the requested incentives/waivers are not financially warranted. 60A-2 Density Bonus Agreement for 2222 East First Street May 15, 2018 Page 3 The California Density Bonus Law applies to projects proposing five or more residential units and grants density bonuses to those projects meeting certain requirements for affordability levels and types of housing (family, veterans, etc.). Pursuant to State law and the City's Housing Opportunity Ordinance, rental units in such developments that are designated "affordable" must remain so for at least 55 years. For affordable senior housing projects, a developer may seek a density bonus up to 20 percent from base density. In addition, the City's Housing Opportunity Ordinance (HOO), last updated in 2015, augments the California Density Bonus Law by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sect. 41-1904.1). A summary of the proposed project's density calculation is provided below: Proiect Density Calculation Density or Bonus Allowed for Project Provided 285 units (3.17 acres x 90 units/acre base density used Base Density as a standard for 285 units developments in areas designated DC by the General Plan Land Use element) 20 -Percent Density Bonus for Senior Projects Provided by 285 x 20% = 57 units + 57 units California Density Bonus Law 35 -Percent Density Bonus Provided by the City's 285 x 35% = 100 units + 76 units Housing Opportunity Ordinance Total Units 442 units maximum 418 units proposed Based on the above calculations, the proposed project complies with both the California Density Bonus Law and the City's Housing Opportunity Ordinance. As such, a Density Bonus Agreement has been prepared (Exhibit 1). Under California Density Bonus Law, a developer may seek incentives or waivers (sometimes called concessions) to increase the viability of the proposed project. The Planning Commission Staff Report from September 11, 2017 provides detailed information regarding the requested incentives/concessions (Exhibit 2). Project Description The project includes demolition of an existing motel and restaurant and construction of an affordable rental senior housing community. The project will contain one structure consisting of a ground -level parking area and five levels of residential above. A total of 418 affordable rental senior units will be provided on the project site, as well as one (1) on-site manager's unit. Units will include studios (91), one -bedroom (262), and two-bedroom (65) units ranging in size from 402 to 899 square feet. All units will contain full kitchens, full bathrooms, storage, and open/common (living) areas. 60A-3 Density Bonus Agreement for 2222 East First Street May 15, 2018 Page 4 The project will contain 213 guest and resident parking spaces in an at -grade parking area beneath the residential levels. The parking ratio conforms to the provisions in AB 744, which allows affordable rental senior housing projects near major bus lines to provide 0.5 parking spaces per residential unit. Full sized site plans are available for public viewing in the Clerk of the Council Office. On September 28, 2017, AMG and Associates submitted a request to the City for a project subsidy equal to 70% of the City's annual affordable housing in -lieu fees collected from developers under the Housing Opportunity Ordinance, up to a maximum of $1.75 million per yearfor40 years (Exhibit 3). AMG proposes to use the requested annual payment for debt service on their affordable housing projects located at 2110, 2114 and 2222 E. 1St Street. The request was not approved by the City. In addition, on March 14, 2018, AMG submitted a 4% low-income housing tax credit application to the California Tax Credit Allocation Committee (TCAC). AMG stated on Tab 2a of their application to TCAC: "The City of Santa Ana will provide an Inclusionary Housing Funds loan in the amount of $5,000,000 with an interest rate of 1%, a term of 55 -years and payments based on residual receipts" (Exhibit 4). On April 5, 2018 as part of the City's responsibility to submit a Local Reviewing Agency Project Evaluation Form, the City communicated to TCAC that the developer's "statement that the City of Santa Ana will provide $5,000,000 is incorrect" (Exhibit 5). The City of Santa Ana has not made any commitment in any form to provide $5,000,000 for the development of this project. At this time, the City has made no decisions on whether it will provide financial support for the projects. The approval of the density bonus agreement is in compliance with Section 41-1600 and Section 41-1904.1, et seq., of the Santa Ana Municipal Code, and Section 65915, et seq., of the California Government Code. However, the approval of the density bonus agreement shall not be construed as approval of the financing requested by the developer for the project and does not bind the city in any form to provide future funding for the development of the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective # 5 (leverage private investment that results in tax base expansion and job creation citywide) and Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 60A-4 Density Bonus Agreement for 2222 East First Street May 15, 2018 Page 5 FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Minh Thai Executive Director Community Development Agency Executive Director Planning and Building Agency Exhibits: 1. Density Bonus Agreement 2. Planning Commission Staff Report from September 11, 2017 3. Request for Financing from AMG, September 28, 2017 4. Pages from Tab 2a of the 4% Tax Credit Application 5. Cover Letter Sent to TCAC for the Project Evaluation Form 60A-5 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P,O, Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS AGREEMENT THIS AGREEMENT, made and entered into this day of 2018, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Affordable Housing Land Consultants, LLC., a limited liability company ("Developer"). RECITALS: .A. Developer is the owner of certain property ("Property") located within the City of Santa Ana, County of Orange, State of California, commonly known as 2222 East First Street, Santa Ana, California, and legally described as set forth in "Exhibit A", attached hereto and incorporated herein by this reference as if set forth in Rill, and desires to develop an affordable senior housing rental project thereon ("Project"). B. Section 41-1600, et seq., of the Santa Ana Municipal Code and section 65915, et seg., of the California Government Code set forth a process to provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for very low-income, low income and senior households throughout the city. C. Additionally, Santa Ana Municipal Code section 41-1904.1 provides inclusionary housing development incentives for production of units on-site, including a density bonus concession up to a maximum of 35%. D. Developer is proposing to develop the Project with 418 affordable senior apartment units on the Property as more particularly set forth in Density Bonus Application No. 2017-01 and Site Plan Review No, 2017-08. Without the density bonuses, Developer would only be permitted to build 285 units. E. h1 light of the purpose of the City and State density bonus law, and the express provisions of California Government Code section 65915(n), as well as Santa Ana Municipal -I- 60A-7 EXHIBIT 1 Code section 41-1904.1, the City has determined to grant Developer's application for density bonuses and related concessions and waivers. F. The Project has been granted waivers and concessions of City development standards including (i) reduction of publicly accessible open space from required 15% of total lot area to 3.6%, (ii) reduction in building setback requirements, and (iii) increased driveway width from 24 feet to 25-28 feet. G. City desires to increase the number of affordable rental units and the degree to which they are affordable in the City of Santa Ana. H. In order to promote this goal, City will provide a density bonus to Developer pursuant to the provisions of Sections 65915 through 65918 of the Government Code of the State of California, as well as an additional density bonus pursuant to Santa Ana Municipal Code section 41-1904.1. I. As a condition of approval of the Project with the density bonuses by City, Developer will provide and maintain all of the dwelling units in said Project offering Affordable Rents ("Affordable Rental Units"). WHEREFORE, for and in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto do hereby agree as follows: DEFINITIONS The following words and phrases shall mean and be defined and used for the purposes of this Density Bonus Agreement as follows: A. "Affordable Rent" means the monthly rents which do not exceed the maximum amount applicable to Extremely Low, Very Low and Low Income households, as promulgated by the U. S. Department of Housing and Urban Development (HUD), or by the California Tax Credit Allocation Committee, as applicable. B. "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to very low or lower income tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California PMSA as published by the United States Department of Housing and Urban Development ("HUD"), adjusted for family size as follows: -2- .1 m Residential Units Assumed No. of Persons in Household for Affordable Rent Calculation Studio 1 One Bedroom 2 Two Bedroom 3 C, "Affordable Tenant Rental Period" means with respect to the Project, the period commencing on the date of issuance of the occupancy pennit and ending at the expiration of thirty (30) years. D. "Completion of the Project" shall mean the date on which the certificate of occupancy is issued by City for occupancy in the Project. E. "Density bonus" means the number of dwelling units approved by City for development on the Property which exceeds the number specified in Recital D of this Agreement. "Development" means construction or rehabilitation or a combination thereof. G. "Income Certification" means an income certification for very low or lower income tenants in a form set forth in "Exhibit B," attached hereto and incorporated herein by this reference as if set forth in full. H. "Lower -Income Tenant" means persons and families whose income does not exceed eighty percent (80%) of the median income for the area, as computed by the method described in the income certificate and for whom an income certification has been obtained or prepared in accordance with the provisions of this Agreement. For purposes of satisfying the lower-income tenant occupancy requirement set forth above, a unit occupied by a person or family who at the commencement of occupancy qualified as a lower-income tenant shall be treated as occupied by a lower-income tenant throughout their tenancy of such unit. Moreover, a unit occupied by a lower-income tenant shall be deemed, upon the termination of such lower-income tenant's occupancy, to be continuously occupied by a lower-income tenant until reoccupied, other than for a temporary period, at which time the character of the unit shall be redetermined. In no event shall such temporary period exceed thirty-one (3 1) days. The very low and lower income units will be intermingled with all other dwelling units in the Project and shall be of a quality and offer a range of sizes and number of bedrooms comparable to those units which are available to other tenants. Tenants in the very low and lower income units shall have equal access and enjoyment to all common facilities of the Project. I. "Very Low Income Tenant" means persons and families whose income does not exceed fifty (50%) of the median income for the area, as computed by the method described in -3- 60A-9 the income certificate and for whom an income certification has been obtained or prepared in accordance with the provisions of this Agreement, II. CONDITIONS TO AGREEMENT A. This Agreement is conditional upon City approval of development plans for the Project which provide for Tour Hundred Nineteen (419) total dwelling units in the Project (includes one (1) manager unit) and upon completion of the Project in accordance with such approved plans by Developer. Nothing in this Agreement obligates City to grant such approval or Developer to develop the Project. B. The density bonuses and waivers provided by this Agreement are conditional upon Developer and any successor -in -interest of Developer in the Property being subject to the covenants set forth in this Agreement as running with the Property. If Developer conveys the Property prior to recordation of this Agreement in the official Records of Orange County, no building permit or certificate of occupancy for the Project which would allow for development or occupancy of more dwelling units than specified in Recital D of the Agreement shall be issued, unless the successor -in -interest of Developer of the Property executes a document suitable for recordation in the Official Records of Orange County binding such successor -in -interest to the terms and conditions of this Agreement. AFFORDABLE RENTAL UNIT COVENANT A. Developer covenants that no less than four (42) dwelling units in the Project, or at least 10% of the units in the Project shall at all times during the Tenant Rental Period be rented to, or held vacant and available for immediate occupancy by very low income tenants, as defined in California Health & Safety Code section 50105, at a rent that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size, including an allowance for utilities. B. Developer covenants that no less than Three Hundred Seventy -Six (376) dwelling units in the Project, or at least 20% of the units in the Project shall at all times during Tenant Rental Period be rented to, or held vacant and available for immediate occupancy by lower income households, as defined in California Health & Safety Code section 50079.5, at a rent that does not exceed 30 percent of 60 percent of the area median income, as adjusted for household size, including an allowance for utilities. C. Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking at least one of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) conduct a TRW or similar credit check, (4) obtain an income verification form from the applicant's current im 60A-10 employer, (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. D. Upon written request by Developer, City agrees to determine promptly the Initial Rental Schedule based upon the terms of this Agreement and advise Developer of the Initial Rental Schedule within thirty (3 D) days of the issuance of the occupancy permit. E. Once established, the Initial Rental Schedule shall be adjusted periodically thereafter by an amount equal to the Annual Adjustment Factor ("AAF") published by HUD as applicable to the Santa Ana, California area for existing rental housing programs pursuant to Section 8 of the United States Housing Act of 1937, as amended, or, in the event the Section 8 Program or the AAF published therefore by HUD is terminated or discontinued, the Initial Rental Schedule shall be adjusted periodically by such other annual adjustment factor approved by the Santa Ana Housing Authority based upon annual adjustment factors for any comparable or successor public assisted housing program. F. Developer agrees to accept as tenants on the same basis as all other prospective tenants, very low, low or moderate income tenants who are recipients of federal certificates for rent subsidies pursuant to the existing program tinder Section 8 of the United States Housing Act of 1937 or its successor, and shall not apply selective criteria to Section 8 certificate holders that are more burdensome than the criteria applied to all other prospective tenants. G. With regard to the Affordable Rental Units and to the extent permitted by law, Developer agrees to give priority and offer a right of first refusal to the Santa Ana Housing Authority in the processing of applications for very low, low or moderate income tenants to persons who are referred by the Santa Ana Housing Authority. In the event the Santa Ana Housing Authority cannot provide qualified tenants to Developer within seven (7) days following written notification to the Santa Ana Housing Authority by Developer of a vacancy or pending vacancy in the Project to be filled by low or moderate income tenants so as to meet the requirements of this Agreement, then such vacant unit or pending vacant unit may be rented by Developer to any other low or moderate income tenants in accordance with the requirements otherwise provided herein for such tenants. For purposes of this paragraph, written notification may be made by email, facsimile or another means acceptable to the Santa Ana Housing Authority. H. The affordable units in the Project shall be comparable in bedroom mix and amenities to any market -rate units in the Project and shall be dispersed throughout the Project. There shall be, at all times during the term of this Density Bonus Agreement, Ninety -One (91) studio apartments; Two Hundred Sixty Two (262) one bedroom units; and Sixty -Five (65) two bedroom units, available as affordable units. I. Developer agrees that all of the units will be available to senior citizens or qualifying residents as defined under California Civil Code section 51.3. -5- 60A-11 IV. MISCELLANEOUS A. The provisions of this Agreement shall constitute covenants, conditions, and restrictions which shall run with the land, and shall inure to the benefit of and be binding upon the Developer, its successors and assigns in interest as successive owners of the Project, as provided herein. Any sale, transfer, or lease of the Project shall be deemed to be made and accepted upon and subject to the covenants, conditions and restrictions and provisions hereof whether or not referred to in the instrument of sale, transfer or lease, B. Developer is, and shall be deemed to be, an independent contractor and not an employee of City and shall not become an agent of City. C. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited, with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested, to the address of the other party as stated in this paragraph, and shall be deemed given at the time of personal delivery or at the time of deposit for mailing. Either party may change its address for notice by giving written notice thereof to the other party as provided above. If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Affordable Housing Land Consultants, hie. 16633 Ventura Blvd., Suite 1014 Encino, CA 91436 D. In the event legal action is brought to enforce any provisions hereof, the prevailing party shall be entitled to reasonable attorney's fees, together with other legally allowed costs. E. Upon issuance of building permits for the Project, this Agreement shall be recorded in the official records of Orange Comity, California. City and Developer agree to execute and deliver for recordation such additional documents or instruments as the other may ro 60A-12 reasonably request to further confirm or aclaiowledge the provisions hereof, including the expiration of the very low or lower income tenant rental period. F. This Agreement maybe amended, modified, or changed by the parties hereto, City and Developer, provided that said amendment, modification, or change is in writing and approved by both parties. G. This Agreement has been entered into, is to be performed entirely within, and shall be governed by and construed in accordance with the laws of the State of California. H. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. I. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. J. Except as set forth expressly herein, the Developer shall carry out the design and construction of the Project in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City of Santa Ana Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act. 42 U.S.C, section 12101, et seq., Government Code section 4450, et seq. K. During the time of Developer's ownership of the Property, the Developer sliall maintain the Property and all improvements thereon, including all landscaping, in compliance with the terms of all applicable provisions of the City of Santa Ana Municipal Code. L. In performing its obligations under this Agreement, Developer 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 related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations -7- 60A-13 M. Developer shall be in default hereunder if it shall fail to observe or perform any covenants, conditions, restriction, or provision contained herein on its part to be observed or performed which continues after notice to Developer and failure to cure as provided herein. If any such default shall have occurred, then and in such event, City shall be entitled in addition to all other remedies provided by law or in equity: 1. To compel specific performance by Developer of its obligations under this Agreement, it being recognized that the beneficiaries of Developer's obligations hereunder carmot be adequately compensated for by monetary damages in the event of Developer's default. 2. In the event the actual rent collected by Developer for any unit required under this Agreement to be rented to very low or lower income tenants is in excess of the maximum affordable rent allowed for such unit in violation of the requirements of Paragraph III of this Agreement, the amount by which any actual rent collected for such unit exceeds the maximum affordable rent for such unit shall be deemed damages payable to City by Developer.. Such damages shall be in addition to any other remedy at law or in equity to City. N. Developer agrees to and shall indemnify and hold hamiless 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 health, and claims for property damage, which may arise from or relating to (i) Developer's obligations of actions undertaken pursuant to this Agreement; ( ii) a claim, demand or other cause of action that any person has or asserts against Developer; iii) any act or omission of Developer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Affordable Units or the Project; or ( iv) the Developer's initial sale of the Affordable Units or Project, except to the extent such matters are caused by the negligence or willful misconduct of City or its officers, employees, agents, consultants, special cotmsel or representatives. 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 paragraph or by reason of the terms of, or effects, arising from this Agreement. The Developer further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs to the extent there is no conflict of interest, Developer should be allowed to use the legal counsel which is also representing Developer for special cotnsel 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 terns of, or effects arising ftom this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Developer's obligations tinder this paragraph shall survive the termination of this Agreement. --Remainder ofpage intentionally left blank; signature page follows - 0 60A-14 IN WITNESS WHEREOF, the patties hereto have caused this Density Bonus Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho LE Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager S2 60A-15 DEVELOPER: AFFORDABLE HOUSING LAND CONSULTANTS, INC, By: Title: Chief Executive Officer A. Legal Description B. Income Certification EXHIBITS -10- EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows PARCEL 1: THE EAST HALF OF THE NORTH HALF OF LOT "E" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT "E", DISTANT THEREOF NORTH 0° 17' 30" WEST, 288.75 FEET FROM THE SOUTHEAST CORNER OF SAID NORTH HALF OF LOT "E", SAID EAST LINE ALSO BEING THE WESTERLY LINE OF TUSTIN AVENUE, 66.00 FEET WIDE; THENCE SOUTH 890 28' 10" WEST, 170.98 FEET, PARALLEL WITH THE NORTH LINE THEREOF; THENCE NORTH 00 09'00" WEST, 330.50 FEET TO SAID NORTH LINE; THENCE NORTH 890 28' 10" EAST, 170.17 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 17'30" EAST, 330.50 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE NORTH 890 33'25" WEST, 73.40 FEET ALONG THE SOUTH LINE OF SAID NORTH HALF TO A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 4125.00 FEET FROM WHICH POINT TO A TANGENT BEARS NORTH 90 53'34" EAST; THENCE NORTH 294.78 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4° 05'40" TO A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT, WHICH PASSES THROUGH A POINT ON THE EAST LINE OF SAID LOT, NORTH 0° 33'32" EAST, 288.75 FEET FROM SAID POINT OF BEGINNING; THENCE SOUTH 890 22'45" EAST, 15.24 FEET ALONG SAID PARALLEL LINE TO THE EAST LINE OF SAID LOT; THENCE SOUTH 00 33'32" WEST, 288.75 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF LOT E; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTH HALF OF LOT E NORTH 89° 34' 01" WEST 73.40 FEET TO A POINT ON A CURVE CONCAVED EASTERLY HAVING A RADIUS OF 4125.00 FEET, THE CENTER OF WHICH BEARS SOUTH 800 07'25" EAST; TFIENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 46' 12" AN ARC LENGTH OF 199.43 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 010 19'29" AN ARC LENGTH OF 95.34 FEET; THENCE NORTH 890 23'21" WEST 6.43 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 10039.00 FEET THE CENTER OF WHICH BEARS SOUTH 800 14'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 000 32' 14" AN ARC LENGTH OF 94.13 FEET TO THE POINT OF BEGINNING. 117a[lid] a1Y] THAT EAST 6.00 FEET OF THE WEST HALF OF THE NORTH HALF OF LOT "E" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. Assessor's Parcel Number: 402-181-11 60A-17 EXHIBIT B INCOME COMPUTATION AND CERTIFICATION NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual Income in accordance with the method set forth in the Department of Housing and Urban Project ("HUD") Regulations (24 CFR 813). You should make certain that this form is ate all times up to date with the HUD Regulations. Re: Santa Ana, California I/We, the undersigned state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit: 1. 2. 3. 4. Name of Members Relationship of the to Head of Social Security Household Household Age Number IEAD SPOUSE Income Computation 5. Place of Employment 6. The total anticipated income, calculated in accordance with the provisions of this Certification, of all persons over the age of 18 years listed above for the 12 -month period beginning the date that I/ we plan to move into a unit is $ Included in the total anticipated income listed above are: (a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets), (c) interest and dividends (including income from assets excluded below); (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, including any lump sum payment for the delayed start of a periodic payment; B-1 (e) payments in lieu of earnings, such as unemployment and disability compensation, workmen's compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and 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 the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability. Excluded from such anticipated income are: (a) casual, sporadic or irregular gifts; (b) amounts which are specifically for or in reimbursement of medical expenses; (c) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen's compensation), capital gains and settlement for personal or property losses; (d) amounts of educational scholarships paid directly to the student or 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 are to be included in income; (e) special pay to a household member who is away from home and exposed to hostile fire; (f) relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (g) foster child care payments; (h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977; (i) payments to volunteers under the Domestic Volunteer Service Act of 1973; 0) payments received under the Alaska Native Claims Settlement Act; (k) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (1) payments or allowances made under the Department of Health and Human Services' Low - Income Home Energy Assistance Program; B- 2 60A-19 (m) payments received from the Job Training Partnership Act; (n) income derived from the disposition of funds of the Grand River Band of Ottawa Indians; (o) the first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims; and (p) at the discretion of Housing Authority of the City of Santa Ana all other income exclusions recognized by the HUD Section 8 Certificate and Voucher Programs. 7. Do the persons whose income or contributions are included in item 6 above: (a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? No Yes (b) have they disposed of any assets (other than at a foreclosure or Credit Bankruptcy sale) during the last two years at less than fair market value? No Yes (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? No Yes (d) If the answer to (c) above is yes, state: (1) the amount of income expected to be derived from such assets in the 12 -month period beginning on the date of initial occupancy in the unit that you propose to rent: (2) the amount of such income, if any, that was included in item 6 above: 8. (a) Are all of the individuals who propose to reside in the unit full-time students*? No Yes *A full-time student is an individual enrolled as a full-time student during each of 5 calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. B- 3 60A-20 (b) If the answer to 8(a) is yes, is at least 1 of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? No Yes 9. Neither myself nor any other occupant of the unit I/ we propose to rent is the owner of the rental housing project in which the unit is located (hereinafter the "Owner'), has any family relationship to the Owner; or owns directly or indirectly any interest in the Owner. For purposes of this paragraph, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trustee held by the individual or a family member; and ownership, direct or indirect by a partner of the individual. 10. This certificate is made with the knowledge that it will be relied upon by the Borrower to determine maximum income for eligibility to occupy the unit, and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary. 11. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year. 12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for ejection or other appropriate proceedings. I/we declare under penalty of perjury that the foregoing is true and correct. Executed this day of in the City of California. Applicant Applicant [Signature of all persons over the age of 18 years listed in number 2 above required] C 60A-21 POR COMPLETION BY APARTMENT OWNER ONLY: 1. calculation of eligible income: a. Enter amount entered for entire household in 6 above: $ b. (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ); (2) Multiply the amount entered in 7(c) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook savings ($ ), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance (3) Enter at right the greater of the amount calculated under (1) or (2) above: $ ; C. TOTAL ELIGIBLE INCOME Line 1.a plus line 1.b(3)): $ 2. The amount entered in 1.c: Qualifies the applicant(s) as a Low Income Tenant(s). Does not qualify the applicant(s) as a Low Income Tenant(s). 3. Number of apartment unit assigned: Bedroom Size: Rent: $ 4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income as certified in the above manner upon their initial occupancy of the apartment unit qualified them as Low Income Tenants. 5. Method used to verify applicant(s) income: Employer income verification. Copies of tax returns. Other Manager . W 60A-22 INCOME VERIFICATION (for employed persons) The undersigned employee has applied for a rental unit located in a project financed under the Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bond Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee's current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis. Annual wages Commissions Total current income Overtime Bonuses I hereby certify that the statements above are true and complete to the best of my knowledge. Signature Date Title I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under the Housing Authority of the City of Santa Ana Multifamily Revenue Bonds. Signature Please sent to: 60A-23 INCOME VERIFICATION (for self-employed persons) I hereby attache copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge. Signature ffm 60A-24 Date ! i iR PLANNING COMMISSION MEETING DATE: SEPTEMBER 11, 2017 TITLE: PUBLIC HEARING -- SITE PLAN REVIEW! NO. 2017-08 AND DENSITY BONUS AGREEMENT NO, 2017.01 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL SENIOR RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2222 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3) Prepared t3y Ali Pezeshkpour Acting Execuln L)Ir Io PLANNING COMMISSION SECRETARY APPROVED 11 ,As Recommended As Amended L I Set Publin Hearing Fu DENIED El Applicant's RoquoM n Staff Reco m ondabon CONTINUED TO Acting f'Iarzn�T��atyer � - ----.. 1. Adopt a resolution approving Site Plan Review No. 2017-08 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement No. 2017-01 as conditioned. Executive Summary Charles Addington with Architects Orange, representing Affordable mousing Land Consultants, Inc. ("AMG & Associates"), is requesting approval of a site plan review (SPR) and a density bonus agreement (DBA) to allow the construction of an affordable 419 -unit rental senior residential community. As proposed, the project requires approval of several waivers from the Metro East Mixed Use (MEMU) overlay district's development standards and/or development concessions through the density bonus agreement. Staff is recommending approval of the applicant's request clue to the project's satisfaction of meeting the intent of the MEMU overlay district to promote a pedestrian - oriented environment with a mix of land uses and because the project will provide additional affordable rental housing stock to an underserved segment of the region's papulation. Table 1: Prosect and Location Information Itel" I Intormatian I Gerling Arterial Ccrn�merclal (C -5j with the Metria East Mixed U96 -0—V LOG -1 j. Active Urban district 60A-25 EXHIBIT 2 SPR No. 2017-0811 No. 2017-01 September 11, 2017 Page 2 Project Description The project includes demolition of an existing motel and restaurant and construction of an affordable rental senior housing community, The project will contain one structure consisting of a ground -level parking area and five levels of residential above. A total of 418 affordable rental senior units will be provided on the project site, as well as one on-site manager's unit. Moreover, a total 213 guest and resident parking spaces will be provided in an at -grade parking area beneath the residential levels. Units will include studios (92), one -bedroom (277)„ and two-bedroom (49) units ranging in size from 402 to 797 square feet. Al units will contain full kitchens, bedrooms, full bathrooms, storage, and open/common (living) areas. Open space will be provided through publIca llyaccessible plazas, private courtyards, or amenity areas. A public plazawith open seating will front First Street and will also contain an alcove programmable with community or commercial activities, such as kiosks or temporary events, The project's leasing office will also front First Street, enhancing its commercial presence. Five courtyards with distinct themes and amenities w1H be located throughout the interior of the site. Interior common rooms such as recreation areas, fitness centers, and laundry rooms will provide additional amenities to residents and visitors. A common open space "view room” on the top (sixth) level will face southeast toward the interchange between the Costa Mesa (SR-55)fSanta Ana (1-5) freeways. The project will feature a contemporary architectural style common of many multiple -family or mixed-use residential communities under construction in Santa Ana and the region. Ceramic tile, fiber cement hoard and siding, smooth stucco finishes, and metal railings will contribute to this theme, These solid materials will ensure that the project ages well for the duration of the building's lifetime. Finally, a large public art piece will be featured on the east elevation of the building at the First Street frontage; this piece will welcome those entering Santa Ane from the east, The Metro East Mixed Use overlay district was adopted in 2007 mixed -else residential and commercial projects in its project establishes land uses and development standards, allows a 60X=26 as a result of interest in developing area. The regulating plan, which variety of housing and commercial EXHIBIT 2 Nnformation r�roperty size 3.17 acres Cxistin Site g Development„ __ Use Permisslons Zoning Code Sections Affected The site contains �n euistint� metal nerd eostaurant. Mixed-use projects permitted by the OZ -1 designation; deviatlonsfconcessions will address prgpq� _ed deficiencies Uses faZ-1 Section Na 4 t]avela rnent St7ndards ©Z-1, Section Nay A throug4 7 Project Description The project includes demolition of an existing motel and restaurant and construction of an affordable rental senior housing community, The project will contain one structure consisting of a ground -level parking area and five levels of residential above. A total of 418 affordable rental senior units will be provided on the project site, as well as one on-site manager's unit. Moreover, a total 213 guest and resident parking spaces will be provided in an at -grade parking area beneath the residential levels. Units will include studios (92), one -bedroom (277)„ and two-bedroom (49) units ranging in size from 402 to 797 square feet. Al units will contain full kitchens, bedrooms, full bathrooms, storage, and open/common (living) areas. Open space will be provided through publIca llyaccessible plazas, private courtyards, or amenity areas. A public plazawith open seating will front First Street and will also contain an alcove programmable with community or commercial activities, such as kiosks or temporary events, The project's leasing office will also front First Street, enhancing its commercial presence. Five courtyards with distinct themes and amenities w1H be located throughout the interior of the site. Interior common rooms such as recreation areas, fitness centers, and laundry rooms will provide additional amenities to residents and visitors. A common open space "view room” on the top (sixth) level will face southeast toward the interchange between the Costa Mesa (SR-55)fSanta Ana (1-5) freeways. The project will feature a contemporary architectural style common of many multiple -family or mixed-use residential communities under construction in Santa Ana and the region. Ceramic tile, fiber cement hoard and siding, smooth stucco finishes, and metal railings will contribute to this theme, These solid materials will ensure that the project ages well for the duration of the building's lifetime. Finally, a large public art piece will be featured on the east elevation of the building at the First Street frontage; this piece will welcome those entering Santa Ane from the east, The Metro East Mixed Use overlay district was adopted in 2007 mixed -else residential and commercial projects in its project establishes land uses and development standards, allows a 60X=26 as a result of interest in developing area. The regulating plan, which variety of housing and commercial EXHIBIT 2 SPR No. 2017-OBIDBA No. 2017-01 September 11, 2417 Page 3 projects, including mixed-use residential communities, live/work units, hotels, and offices, Since its adoption, one mixed-use project at 1901 East First Street has been constructed and is occupied. Another, located at 200 North Cabrillo Park Drive, is currently entitled but is undergoing review for proposed revisions. The California Density Bonus law allows developers to seek increases in base density for providing on- site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives or waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health; The first version of the Density Bonus Law was adopted In 1979 and has since been amended at various times; in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested IncentivesMaivers and places the onus on local jurisdictions to prove that the incentives/waivers are not financially warranted. Recent court interpretations of the law have granted unlimited numbers of waivers to projects that meet or exceed the maximum 35 -percent density bonus of base density. Analysis of the Issues Section & of the MEMU regulating plan, Implementation, requires the Planning Commission to review an application for development subject to the provisions of the overlay district. Upon review, the Planning Commission may take the following actions: 1, Approve the development plan, 2. Approve the development plan with conditions, or 3. Deny the development plan. Should the Planning Commission approve the Site Plan Review application, it must make four findings of fact relating to furthering the goals of the MEMU overlay district, consistency with the regulating plan, compatibility with the surrounding community, and planning a compatible and harmonious project, In addition, Section 41- 1607 requires an application for a density bonus agreement containing "deviations" (incentivestwalvers) to be approved by the Planning Commission, The following subsections analyze the applicant's request for both the Site Plan Review and the Density Bonus Agreement applications. Site Plan Review The applicant is requesting site plan approval for a proposed residential community that requires approval of Incentives or waivers from the development standards contained with the IVIEMU overlay district regulating plan. These standards are outlined in Table 2: Conformance to Development Standards. Table 2: Conformance to Development Standards 5taandartt --- Required by the MEMU _ Provided Stories Mininaurl 3, no maximurn acre d~orecourt, shopfront, gsilery, or arcade __- 3.17 acres Shopfront with plaza ori First Sircet as permitted b MEMU Minimum into Area Permitted Frontage 601/4327 EXHIBIT 2 SPR No. 2017-08/DBA No. 2017-01 September 11, 2017 Page 4 Standard r - Required yt!js _. Pjrovidad�- v Publicly Accessible Open Space 15 percent of total lot area 10 percent -- Requires furthering the contribute to creating a Incenfjve/Waiyer ._....._ Pr)vate Common Q en S�race 100 square fecit ar esti 112 s care feet_punit _. Building Setbacks 0.20 feet (front), 0-10 feet (side), 100 20 (front), 28-41 (side), 33 (rear) – district teak rear hequIre$ incentive/b1"aiver Parking 2 spaces per unit overall – every unit 0,51 spaces per unit (permitted by must be allocated at least 1 space AS 744) Complies; various ratios in excess of Courtyard height -to -width ratios 2 to 1 (enclosed on four sides), 3 to 1 .community -serving commercial uses Such as restaurants., o en on one or more Sides) 2 to T and 3 to 1 provided :25,28 favi –Requires ❑riveway width 24 feet maximum implement the General Plan? Finally, the project meets several General Plan goals and Incenfivelftiver _ Building Massing A variety of—massing, volume, and Complies the building features a. step -backs are required to increase step -back. along First Street and building articulation breaks in volume to reduce masslnc3_ As noted in Table 2; the project conforms to the MEMU regulating plan's requirements for helght/storles, minimum site area, courtyard design, and building massing but requires approval of incentives/waivers through the Density Bonus Agreement application to allow deviations from the required public open space areas, building setback requirements, and driveway widths. Table 3: Analysis of the Issues breaks down the project by issue or topic. Table 3: Analysis of the Issues ISSttelgr 10p1P - 4tpeSti,Gtt An:tllyStg Consistency with and Will the proposed project The proposed project will contain 419 residential units furthering the contribute to creating a (including one manager's unit) without a commercial objectives of the mixers -use, walkable component However, it has been designed to feature a large MEMU overlay environment for residents, public plaza at Its frontage on rlrst street, an alcove for district daytime employees, and temporary activities or kiosks, and a large public art piece. visitors, and does It provide Constructing 419 units in the project area will add to file high-quality architecture and residential population in the area, stimulating demand for Street activation, stimulate .community -serving commercial uses Such as restaurants., private Investment, and retail stores, dry cleaning Services, and ether similar uses, implement the General Plan? Finally, the project meets several General Plan goals and policies, including the Land Use Element's Gaal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE -2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of EXHIBIT 2 SPR No. 2017-08IDBA No. 2017-01 September 11, 2017 Page 5 Consistency with the Dries the project meet the PAEMU development MEMU regulating plan's standards development standards, or does it require approval of deviations? Compatibility with Will the project be well - adjacent integrated into the existing development in terms MEIVIU area and surrounding of similarity in scale, development patterns, height, and site Including those in the city of configuration Tustir)7 A �� Although the project compiles, with many development standards enumerated in the MEMU regulating plan, it does not meet the requirements for publicly -accessible open space, building setbacks, and driveway widths. Those standards require approval of incentiveshvarvers through the Density Bonus Agreement application. Moreover, although stated as a guideline in the regulating plan, the unit sizes are well below the 1,200 -square -foot average unit size objective. The applicant has considered this guideline and proposes to compensate through a greater average privateiconimon open space area of 112 square feet per unit instead of the 100 - square -foot minimum. In addition, the proposed parking rate of 0.6 spaces per unit is well below the required 2.0 spaces per unit; however, the applicant is exercising his NARY under AB 744 to provide 0.5 spaces per unit due to the project site's proximity to two bus stops with frequent service. These stops are on lines that connect the project site to points west (central Santa Ana, Garden Grove, and Westminster), north (gantm The proposed development consists of a single six -level project surrounded by single -story structures to the east and west. A two-story multiple -family residential community abuts the site to the south, and a single -story commercial development is to the north across First Street- Although the MEMU anticipates developments of this scale or larger in the "Active Urban" land use district, this development would be the first of Its size in Its immediate vicinity. Several design features have been incorporated into the project to break up its massing and to lesson Its Impacts on adjacent properties, These include breaking up the building's west elevation through courtyards, setting back the building from the east, south, and west through a minimum 20 -foot wide fire lane, and the planting of rapidly -Wowing eucalyptus trees, with minimum 20 -foot brown trunk height throughout, Finally, the proposal to construct a single structure instead of several is the result of the site's odd shape. Development on the site is further complicated and constrained because the neighboring parOOI, although underutilized, is located in the Jurisdiction of colnnPa�fiiavwd_ -Does-- the Project as The proposed project is intended to be a low-irnpict use. No harmonious land proposed, contribute negative impacts from noise, air qualify, aesthetics, or traffic use(s), site design, positively to the area in which are expected except for temporary impacts arising during and operational it is located? construction of the project. The site's design is intended to standards activate its frontage on First Street by providing flexible community areas that can be programmed with activities or I temporary Uses, and the landscape palette has been carLTU11y SeleCEBO to minimize the site's Impact On file surrounding low-rise land uses. 1 — 9 EXHIBIT 2 60K-29 SPR No. 2017-08/DBA No. 2017-01 September 11, 2017 Page 5 Issue or Topic Question Analysis duction Reof onsite Will the reduction in required AB 744 allows senior affordable residential projects whose parking proposed on-site parking, as permitted residents are aged 62 or older to provide a parking rete of 0.5 through Ali 744 by AB 744, affect the success spaces per residential unit. Staff has analyzed the proposed of the project or impact the project, which exarclses its right under AB 744, and finds that surrounding community? there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high-intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MOM area is still in transition, and portions including the project site have yet to redevelop and produce the pedestrian -scale environment envisioned by the document. To mitigate these impacts, staff has added a condition or approve:[ requiring the developer to enter into an agreement with p property within 500 foot of the project site to provide additional guest and/or resident; parking during off- peaktimes. Density Bonus Agreement The California Density Bonus Law applies to projects proposing five or more residential units and giants density bonuses to those meeting certain requirements for affordability levels and types of housing (family, veterans, etc.), Rental units in such developments that are designated "affordable" must remain so for at least 55 years. For affordable senior housing projects, a developer may seek a density bonus up to 20 percent frons base density, The City's Housing Opportunity Ordinance (1100), last updated in 2015, augments the density bonus concept by allowing a developer to seek an. additional 35 percent density bonus calculated from base density (SAMG Sec. 41-1904.1), A summary of the proposed project's density calculation is provided in Table 4: Project Density Calculation. Table 4: Project Density Calculation Density or Bonus ( Allow d for�ect Proid!ed _. — Base Density 1 285 units (3.17 acres x 90 unitsdacre 285 units base density used as a standard for developments In areas designated DC by the General Plan Lend Use Under the state's Density Bonus Law, a developer may seek incentives or waivers (sometimes called concessions) to increase the viability of the proposed project. Revisions to the Density Bonus Law, as recent as January 2017, allow developers to seek an unlimited number of waivers from development standards insofar as such waivers are not detrimental to public health or safety, do not negatively 11�� EXHIBIT 2 60A630 SPR No. 2017-0£3/DBA No. 2017-01 September 11, 2017 Page 7 impact historic resources, or have no feasible mitigation. Further, cities cannot require preparation of additional reports or studies not required by State law to 'justify" a developer's request for waivers or incentives. Table 5: Requested Incentives/Concessions analyzes the; applicant's request for deviations from the development standards contained in the MEMU regulating pian. Table 5: Requested Incentives/Concessions 5tandaed Question _ Publicly Accessible would requiring the 15 Open Space percent of total lot area mandatedby the MEMU render the project Infeasible? Building Setbacks Would requiring the MEMU's side and rear setback standards render the project infeasible? I Ariatysis ;j The MEMU regulating plan requires that publicly -accessible opera spacer be provided along maln street -facing faryiades. Because the project has such a limited frontage on First. Street, meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 1133 of the depth unusable for building '. area, resulting in a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The applicant intends to compensate for this reduction by providing a greater average square footage of prlvatelcommon openspace per unit an. the project site, For a project of this size and construction type, QCFA requires 364 -degree circulation on the project site with minimum 20 -foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10 -foot side yard requirement. Further, for a project of this height, the MEMU requires a 100 -foot rear yard setback. Implementing this standard would result in the building being set back an additional 67 feet from the rear lot dine, resulting iri a [lrivewaywidth ( Could the prcjject be If the project were designed with narrower driveways, the redesigned with narrower driveways would riot conform to minimum standards driveways to meet MEMU established for fire ingresslegress by OCFA and for trash requirements? truck ingresslegress established by the Public works Agency and Waste Management, the current waste collector contracted b the City. In reviewing the applicant's request, staff has found that the project may Impact the surrounding community; however, conditions of approval are intended to mitigate these impacts. Staff has also reviewed the requested incentivesJconcessions and found that two of the incentives/concesslons, publicly -accessible open space and building setbacks, would not be required if the project did not propose its double-density unit total, The first incentive/concession, a reduction of publicly -accessible open space, would not be required if the project were constructed with only the 20 -percent State or the 35 -percent local density bonus provisions. A reduction in the overall unit total would allow additional areas on the project site in which 6d,W31 EXHIBIT 2 SPR No. 2017-08/DBA No. 2017-01 September 11, 2017 Page 8 additional publicly -accessible open space could be constructed. The second Incentivelconcession, a reduction in building setbacks, would be partially negatedif the project did not take advantage of the double-density. The project could meet the required 100 -foot rear -yard setback if fewer units were proposed. The side -yard setback would continue to be an issue as the required fire lane would force the project to exceed the maximum setback allowed for side yards. Despite these concerns, recent revisions to the State Density Bonus Law require local jurisdictions to grant any incentives/concessions requested by the applicant in order to facilitate construction of the project while maximizing the requested density bonuses. Finally, staff analyzed additional considerations as required by the Density Bonus Law. There are no historic resources in the immediate vicinity that would be impacted by the proposed development. The project's design and operations, with the requested incentives/waivers, will not be detrimental to public health or safety as the project was reviewed by the City's Development Review Committee, which consists of representatives from Planning, Building Safety, Public Works, Housing, the City Attorney's Office, and the Grange County Fire Authority (OCFA). Should the Density Bonus Agreement application be approved, the agreement will be authorized by the City Council after the Planning Commission considers the application for the project as a whole, including the Site Plan Review application. Additional Considerations While reductions in required on-site parking for projects subject to the Density Bonus Law were traditionally considered an incentive or waiver, AB 744, enacted in late 2015, allows affordable residential projects located within a half -nolle distance of major transit lines or major transit stops to provide as little as 0.5 parking spaces per unit. AMG & Associates is exercising this option for the proposed project as two bus lines with frequent service intervals are located in close proximity to the project site, In May 2017, the City received Initial conceptual plans from the Orange County Transportation Authority (OCTA) and the California Department of Transportation (Caltrans) indicating that the two agencies are studying proposed improvements to the SR -5511-5 interchange that could Impact the project site. One improvement under study, an entrance ramp to 1-5 south from First Street, would cut through the project site and would render the project impossible to build as proposed. The ramp is in the early stages of review; no environmental analysis has been conducted and no funds have been allocated for its construction. 11 60 $32 EXHIBIT 2 SPR No. 2017-08/Dt3A No. 2017-01 September 11, 2017 Page 9 Table 6: CEQ li. Strategic Plan Alignment and Public Notification & Community fJutreacil CIEQA, Strategic Plan Alignment, and PublicNotification& Community Outreach CEQA GENA Tyra — Glass - ,32 Cat Development Pr' ' cts Reason(s) The Class 32 exemption applies to projects characterized as infill development meeting Exempt or Analysis the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; L Approval or the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services, As outlined In this staff report, the project Is consistent with the City's General Plan and the ME -MMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site Is located within city limits and is less than live acres In size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. The project site and type of development proposed arc already addressed in the previously approved environmental Impact report (EIR) for the MEMIJ overlay district (EIR No. 2006-01)- However, a Class 32 exemption Is required for the project because the original EIR did not require a greenhouse gas study, The applicant Submitted a greenhouse gas study to indicate that the project will not negatively Impact greenhouse gas reduction goals. In addition, a health risk assessment (NIRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project Incorporate certain window design features on freeway - facing elevations for all units adjacent to the SR -55 freeway, and that the project Install air filtration systems lirqtqhmLt� —G,oaIFs)-anWRoI1CY(s) Strategic Plan Alignment Ap--pl Approval of this item supports the City's efforts to meet Goal No, 3 (Economic Development) Objective No. 2 of creating now opportunities for businessljob growth and encourage private development through new General Plan and zoning Ordinance policies, The item also supports Goal 5 (Community Health, Livability, Engagement & Sustainability) Objective No- 3 to facilitate diverse housing opportunities and support efforts to preserve and improve the _Ilvabll i of�Sanlq Ana�neoods. Public NotificationA Comm unity, Outreach Require(] Measures A public noticed was posted on the project site on September 1. 2017. - Ro-Cificatlon bymailwas inalled to all property owners and occupants Within 5-00 feet ol�fin project site an September 1, 2017. Newspaper posting was published in the Orange —County —Repartt er on September 1, 2017. The -applicant held a Sunshine Ordinance community meeting on May 25, 2016 at the Saint Jeanne de Lestoninac School, Two members of the public attended: a schoolteacher from the facility and a representative train the City of Tustin. Both voiced their support for the oroiect. No additional communications reuardina the rneetinc, were received after. The Lyon Street Neighborhood Association was contacted by phone to identify any areas AdditionalMeasures I of concern, At the time this report was printed, no issues of concern were raised regarding this applicallom 60k-33 EXHIBIT 2 SPR No. 2017-08/DBA No. 2017-01 September 11, 2017 Page 10 Based on the analysis provided within this report, staff recommends that the Planning Commission adopt a resolution approving Site Plan Review No. 2017-08 and Density Bonus Agreement No. 2017-01 as conditioned. All Pezeshkpou AiCP—.-- Senior Planner AP;jm 8:kPlanrM9 Cnmmissionk"OMSPR17.415 DRA17.1 AMG Asset 7222 F FlO.R9 Exhibits 1. Resolution 2. Vicinity Zoning and Aerial Map :1. Site Photo 4. Site Plan 5. Unit Floor Plans & Building Elevations 7. Building Perspectives 8. Landscape Plans 9. Air Quality and Greenhouse Gas Technical Report 10. Flealth Risk Assessment 0A1Q EXHIBIT 2 6 Q 4 CONSULTING GROUP LAND USE ^ COMMUNITY PLANNING ^ REPRESENTATION September 28, 2017 Robert Cortez, Deputy City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr, Cortez: I write on behalf of AMG and Associates. As you know, last fall, AMG submitted a proposed amendment to Santa Ana's Housing Opportunity Ordinance (H00). (Exhibit A, attached, is draft language for the amendment submitted by AMG.) As currently in effect, the H00 establishes certain requirements for the production of affordable housing units. Generally, the H00 indicates that applicants subject to the H00 may satisfy its requirements by: one, constructing a certain number of affordable units; two, paying a fee in lieu of constructing the units (in lieu fees); or three, a combination of the two. The amendment, as proposed by AMG, would provide another option. Under the amendment, applicants who produce affordable units in excess of the number required by the H00 would receive credits for the excess units. In turn, other developers could purchase these credits and utilize them to satisfy the provisions of the H00. Over the course of the last year, AMG representatives have participated in numerous conversations with staff regarding the proposed amendment. in addition, representatives attended a stakeholders meeting convened by the City, and briefed various Councilmembers on the proposed amendment. During this period, the City commissioned Keyser Marston Associates to conduct an analysis of the amendment. While we continue to believe the proposed amendment has merit and is an efficient and economical way to help meet the City's goal of producing affordable housing, we have been encouraged to consider alternatives which do not entail amending the H00. It is in this spirit that we offer the following alternative for the City's consideration. As you are aware, AMG has applied for certain planning approvals to develop approximately 1,100 affordable housing units for families and seniors at 2214 and 2222 East First Street. The project, with development costs of $350 million, is being financed through equity, investor financing and 4% tax credits. In addition, a bridge loan of $50.2 million is being provided by institutional investors who focus on the production of affordable housing. The bridge loan is essential to the viability of the project, and 60A-35 EXHIBIT 3 its absence means we will not be able to move forward with the project. It is this loan that we hoped to retire through the sale of housing credits. If housing credits are not available, we are seeking the City's assistance to pay the annual debt service associated with the bridge loan. As noted in the pro formas presented to the City, the debt service on the bridge loan is about $2.6 million per year. As a result, we request that the City provide, on an annual basis, a portion of the in lieu fees collected from developers to help retire this debt. We are mindful that providing $2.6 million per year may leave the City with limited funds to support other affordable housing endeavors. Therefore, we request that the City earmark 70% of total in lieu fees, to a maximum of $1.75 million per year for 40 years, to AMG to be used to pay the aforementioned debt service. In exchange for this assistance, AMG will income -restrict the units for a period of 55 years. By participating in this manner, the City will realize the development of over 1,000 affordable units to address the needs of lower income families and seniors. Although a bridge loan of $50 million is substantial, when viewed on a per unit basis of approximately $50,000, it is substantially less than the level of assistance provided by the City to other projects. Indeed we estimate this level of assistance is about one-fourth to one-third the level of assistance granted other projects. In the course of various discussions, AMG was asked to respond to the suggestion that there may be other ways to improve project economics, such as reducing the project size, or creating a mixed used project of market rate and income -restricted units. While AMG has explored these options, it is not able to reduce the number of units, as a reduction of units adversely affects the overall financial viability of the project. in addition, because of the complex financing associated with this project, including the 4% tax credits, it is not possible to introduce market rate units or significant non-residential uses, without jeopardizing project financing and the resultant affordable units. In addition to possible project revisions, AMG was also to comment on whether a reduction or waiver of impact fees would be helpful. The short answer is yes. Based on the project as currently proposed, we estimate the project will incur the following fees (expressed in millions): Park: $ 7.2 Traffic/Transportation: 6.8 Sewer: 4.7 Capital: 4.5 School: 2.2 Fire: 1.3 Total $ 26.7 Not Included in the above figures is the cost of processing the application through the planning process. Actual and projected costs for the entitlement process are expected to equal about $175,000. To the extent the City is able to reduce or waive any of the above fees, it certainly impacts project economics in a favorable way. 60A-36 EXHIBIT 3 In summary, AMG is seeking the City's assistance to bring forward over 1,000 units of affordable housing for families and seniors, As outlined in this letter, we suggest there are least three ways to do so: 1. Modify the HOO to allow for creation of housing credits; 2. On annual basis, direct up to $1.75 million of in lieu fees to this project; 3. Waive or reduce some or all of the project impact fees. We stand ready to work with you to select the best method or combination of methods to make this project a reality. Sincerely, Jesus Armas C: Alexis Gevorgian 60A-37 EXHIBIT 3 Exhibit A Proposed Amendment to Santa Ana. Housing Opportunity Ordinance Sec.41-1904 (d) Inclusionary Housing Credits A developer who provides more affordable housing units than required under this article may credit the additional number of affordable housing units against future projects. Credits may be transferred or sold to any other person or entity subject to compliance with following conditions: 1. The square footage of the excess inclusionary units shall equal 110% of the required inclusionary units. In the event the square footage calculation yields less than 11.0%, the difference shall be satisfied through the payment of an in -lieu fee, consistent with Section 41- 1904 (c). 2. A written agreement with the holder of the rights of the excess inclusionary units consenting to the transfer of the credits. 3. Any credits must be applied to another development project within Santa Ana city boundaries. For purposes of this section, "applied" shall mean that the credits are committed for use at a development project and included in a developer's proposed inclusionary housing plan. 4. hxlusionary units receiving monetary subsidies through the city shall not receive credits unless the city has been reimbursed for its financial assistance. 60A-38 EXHIBIT 3 VILLA COURT SENIOR APARTMENTS DESCRIPTION OF FINANCING Villa Court Senior Apartments will be financed utilizing 4% Low -Income Federal Housing Tax Credits awarded by the California Tax Credit Allocation Committee and tax-exempt bonds awarded by the California Debt Limit Allocation Committee. The project will use a private -placement structure with no permanent credit enhancement or rating attached to the tax-exempt bonds. The $120,000,000 ($85,000,000 Series A and $35,000,000 Series B) bond issuance will only consist of tax-exempt debt. Proceeds will be funded on a draw -down basis as and when project costs are incurred. The primary security for the bonds will be the proposed project. Other sources of construction financing include low-income housing tax credit equity in the amount of $10,731,162. Additionally, the developer will be deferring the entire $13,500,000 developer fee, and the project partnership will defer $2,219,232 in costs (including the operating reserve). Upon lease -up of the entire project, the remainder of the low-income housing tax credit equity in the total amount of $53,600,394 will be available to 1) pay down the $85,000,000 Series A tax-exempt bonds to $45,000,000; 2) pay down the deferred developer fee to $7,850,000; and 3) fund deferred costs in the amount of $2,219,232. Concurrent with the stabilization of the project, the remaining $45,000,000 in Series A bonds will convert to a long-term permanent source with an interest rate of 5.250%, a 35 - year amortization and a 30 -year term. Similarly, the $35,000,000 in Series B Bonds will convert to permanent phase with an interest rate of 5% and a 45 -year term, with payments based on a 75% share of project cash flow. The City of Santa Ana will provide an Inclusionary Housing Funds loan in the amount of $5,000;000 with an interest rate of 1%, a term of 55 -years and payments based on residual receipts, The bonds will be issued around June 13, 2018 pending satisfaction of the closing conditions identified in the commitment letter from Citibank, N.A. The tax credit equity provider will have standard closing conditions, as well as mandate specific guaranties related to tax credit delivery, adjustments and recapture. 60A-39 EXHIBIT 4 Financing Plan for Villa Court Senior Apartments - Santa Ana, CA Construction Financing Construction financing will be provided by the followings ources,organized by lien priority: Source Type Amount Interest Rate Term (Months) Payment Terms Citibank, N.A.-T.E.Bonds (Series A) Construction Loan $ 85,000,000 4.00% 30 Interest Only Bonneville Aff. Hsg. Capital, LLC- T.E. Bonds (Series B) Construction Loan $ 35,000,000 8.00% 30 Interest Only Pacific West Communities, Inc. Def. Developer Fee $ 13,500,000 0.00% 30 No Pmts. Santa Ana Senior Associates, a California L.P. Deferred Costs $ 2,219,232 N/A N/A N/A City Real Estate Advisors Tax Credit Equity $ 10,731,162 N/A N/A N/A Total 1 $ $ 146,450,394 1 All of the funds identified above, with the exception of the tax credit equity, are committed at this time. Permanent Financing Permanent financing will be provided by the following sources, organized by lien priority: Source Type Amount Interest Am/Term Rate (Years) Payment Terms Citibank, N.A. -T.E. Bonds (Series A) Permanent Loan $ 45,000,000 5.25% 35/30 Conventional Bonneville Aff. Hsg. Capital, LLC- T.E. Bonds (Series B) Permanent Loan $ 35,000,000 5.00% 45/45 Res. Receipts City of Santa Ana- Inclusionary Housing Funds Inclusionary Hsg. Funds $ 5,000,000 1.00% 55/55 Res. Receipts Pacific West Communities, Inc. Def. Developer Fee $ 7,850,000 0.00% 13/13 Res. Receipts City Real Estate Advisors Tax Credit Equity $ 53,600,394 N/A N/A N/A Total 1 $ 146,450,3941 1 All of the funds identified above, with the exception of the tax credit equity and the City Inclusionary Housing Funds, are committed at this time. Soecial or Unusual Financing Features There are no special or unusual features that pertain to the financing discussed above. 60A-40 EXHIBIT 4 MAYOR Miguel A. Fulda MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solaria Sal Tinaiero Juan Villages April 5, 2018 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www.santa-ana.oro California Tax Credit Allocation Committee Attn: Janice Corbin 915 Capitol Mall Sacramento, CA 95814 SUBJECT: CA-18-XXXX /Villa Court Senior Apartments To Whom It May Concern: CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Hull The City of Santa Ana is pleased to submit its Local Reviewing Agency Project Evaluation Form for the above -referenced application for Low -Income Housing Tax Credits. As requested, we conducted a site visit and have included a number of photographs with the completed evaluation (see enclosure). The applicant incorrectly stated on Tab 2a of their application: "The City of Santa Ana will provide an Inclusionary Housing Funds loan in the amount of $5,000,000 with an interest rate of 1%, a term of 55 -years and payments based on residual receipts." The City of Santa Ana has not made any commitment in any form to provide $5,000,000 for the development of this project. The statement that the City of Santa Ana will provide $5,000,000 is incorrect (see enclosure). The payment for our evaluation of this project may be sent to the following address: City of Santa Ana Attn: Judson Brown 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 If you have any questions regarding this evaluation, I can be reached by telephone at (714) 667- 2241 or by e-mail at jbrown&anta-ana.ors. Sincerely, Judson Brown Housing Division Manager Community Development Agency EXHIBIT 5 L4' 1 I SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Martinez Vicente Sarmlento Jose Solorio P. David Benavidas Juan Ullegas Sal Tinajero Mayor Mayor Pro Tem, Ward 2 Ward i Ward 3 Ward 4 Ward 5 Ward 6 moul'doQsanta-ana.om mimartinez(rdsanta-ananro vsarmiomo(olsanta-ana.ora 'sd.d.(om.M.-mu...,o dbenavitles(msanta-ana.om IvillegasAsanta-ana.ora slinaiencelsanta-ana.mg L4' 1 I 60A-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE A RENEWAL OF THE EMERGENCY SOLUTIONS GRANTS PROGRAM FOR FISCAL YEAR 2018 — 2019 {STRATEGIC PLAN NO. 5,6) ����/I C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F_1»:19171AW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a renewal of the Emergency Solutions Grants Program for Fiscal Year 2018 — 2019 in the amount of $475,700 from the United States Department of Housing and Urban Development. 2. Review and select option below regarding funding for the nonprofit organizations: A. Award the second year of funding to all the organizations as recommended by the Orange County Emergency Solutions Grants Collaborative in the amounts identified below in Recommended Action # 3; B. Reallocate and award different amounts to the organizations recommended by the Orange County Emergency Solutions Grants Collaborative in the Recommended Action # 3, up to the maximum total of $440,023; C. Alternative actions as may be discussed. 3. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit organizations awarded funds as part of the approved program for a term beginning July 1, 2018 through June 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. Nonprofit Organization Amount Interval House $ 42,134 Illumination Foundation $ 136,089 o. 1 Renewal of Emergency Solutions Grants Program for Fiscal Year 2018 — 2019 May 15, 2018 Page 2 CityNet $ 46,127 Mercy House $ 106,673 WISEPlace $ 24,973 SAPD (HEART Program) $ 47,627 Colette's Children $ 22,127 2-1-1 Orange County $ 14,273 Total for Nonprofit Organizations $ 440,023 Administration $ 35,677 TOTAL $ 475,700 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting on March 28, 2018, the Community Redevelopment and Housing Commission (CRHC) recommended that the City Council approve the renewal of the Emergency Solutions Grants Program for Fiscal Year 2018 - 2019 by a vote of 4:0 (Cavo, Santana absent). The purpose of the Emergency Solutions Grants (ESG) Program is to assist sheltered and unsheltered homeless individuals, as well as those at risk of homelessness, to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The United States Department of Housing and Urban Development (HUD) has changed the program's focus from addressing the needs of homeless individuals in emergency or transitional shelters to assisting people to regain stability in permanent housing. In 2015, an Orange County ESG Collaborative was formed between the cities of Anaheim, Santa Ana and Garden Grove. In December 2016, the Collaborative released a combined ESG Notice of Funding Availability (NOFA) to support the Orange County Continuum of Care's goal to end homelessness. The NOFA aligned values and priorities to create maximum impact and to leverage funds. The NOFA included two possible one year renewals and reserved the right of each city to redistribute funding. The Collaborative chose to exercise the renewal option for Fiscal Year (FY) 2018 - 2019 funding. The Collaborative has not yet decided on a second one year renewal for FY 2019 — 2020; a decision would be made before the end of the year. While funding recommendations are made collaboratively, ESG funds are to be used to provide eligible activities within each jurisdiction for which they are funded. Subrecipients awarded funding in FY �. 1 Renewal of Emergency Solutions Grants Program for Fiscal Year 2018 — 2019 May 15, 2018 Page 3 2017 - 2018 were required to re -submit a budget and program summary for FY 2018 - 2019 ESG funding. A list of agencies recommended for renewal funding for FY 2018 - 2019 is provided as Exhibit 1. The funding recommendations are based upon the final percentage score for the FY 2017 - 2018 applications and the current needs identified by staff. The allocation is broken down by category to provide more detail on how the funds are allocated for eligible ESG activities. A template of the grant agreement that will be executed after approval by City Council is provided as Exhibit 2. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funds will be budgeted and available in the Emergency Solutions Grants account (no. 13518785 - various) upon execution of a grant agreement between the City and HUD and adoption of the FY 2018-19 annual budget. It is anticipated that the ESG allocation will be expended as follows: Grant Year 2018, Account No. 13518785 -various Steven A. Mendoza Executive Director Community Development Agency 2018-2019 in FY Amount 700 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez mbj Executive Director Finance and Management Services Agency Exhibits: 1. Santa Ana ESG Allocation Recommendations 2. Emergency Solutions Grant Agreement Template 3. Original Staff Report from May 1, 2018 City Council Meeting hftp://santaana.granicus.com/MetaViewer.phP?view id=2&clip id=1842&meta id=64380 o. 1 I EXHIBIT 1 m S o c> m L Y N N 0 M U N w to O o 0 O Y L m W 9 m .Ni N U V N V1 N < O O O O QF O JE O O O O V O n m C m m � N N '= 3 m N N y O O O O O O O O d � O W W n x o Lo m %o o � ON ry � 2 ` �d C N Vf VY N O O Y d � •y ei 40 v t0 � V �y N C c o 0 0 o 0 o O y r vi 1p o O v N of W ry 0 W O N O C 'O to oC .ti b � O o O m v Zy m m a0+ O V O C 2 VF N O O O O O O O O O O O O O O O O Y O^ is v e ni H � Le; vLe i vi H N N N VI N N N V1 N C O V 6 Z• C d C N N UI EXHIBIT 2 EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AME OrSUBREC•IF E'N (24 CFR Parts 91 and 576) THIS GRANT AGREEMENT, is hereby made and entered into this _ day of , 2018, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY", and AME OF SUBREGIP..IEN , a California nonprofit organization, herein called the "SUBRECIPIENT". RECITALS: 1. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re -housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number (FAIN) E -18 -MC -06-0508. 2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed in grant funding. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: �. 1 I. II. EXHIBIT 2 SCOPE OF PROGRAM A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B. Levels of Accomplishment —Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. I£ the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffing The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2018, and shall terminate on June 30, 2019, unless otherwise cancelled or modified according to the terms of this AGREEMENT. DISBURSEMENT AND FUNDS The City was allocated $ in Emergency Solutions Grant funds under the McKinney-Vento Homeless Assistance Act for fiscal year 2018-2019 from the Department of Housing and Urban Development. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed for SUBRECIPIENT' S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 2019. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 15' day of October, January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the approval of the CITY. Z�1 � � • EXHIBIT 2 C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 CFR § 576.101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided. E. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and �. 1 EXHIBIT 2 amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Proeram Income (1) Definition. Program income means, as provided by 2 CFR 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. J. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of IV. U1 EXHIBIT 2 Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terns and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit D). NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the following representatives: CITY Terri Eggers Sr. Community Development Analyst City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714)647-5378 (714) 647-6549 FAX teggers@santa-ana.org GENERAL CONDITIONS A. Coordination with Continuum of Care SUBRECIPIENT: [Name] [Title] [SUBRECIPIENT Name] [SUBRECIPIENT Name] [Address] [Address] [City, State, ZIP] [Telephone#] [Fax#] The SUBRECIPIENT must work with the Continuum of Care ("CoC") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. 60B-11 EXHIBIT 2 B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. 60B-12 EXHIBIT 2 H. Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CFR 200.447. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and 60B-13 EXHIBIT 2 ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. C. The SUBRECIPIENT's self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it carnes such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; c. maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger. (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. �. 1 EXHIBIT 2 M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. Vl. ASSURANCES AND CERTIFICATIONS A. Non -Profit Status The SUBRECIPIENT certifies that (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR 200. B. Adherence to Federal, State, and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross -cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment 60B-15 EXHIBIT 2 based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Worknlace The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within 10 EXHIBIT 2 ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. 11 60B-17 EXHIBIT 2 1. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE REQUIREMENTS A. Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. B. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. C. Renortine Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15' day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. 12 Z�1 � � • EXHIBIT 2 (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. D. Record Keepin¢ Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. E. Homeless Management Information Systems (HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers 13 �l l EXHIBIT 2 or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D. (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit F-1. F. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generallv The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the 14 EXHIBIT 2 SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass-through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead-based uaint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. 15 60B-21 EXHIBIT 2 C. Assignment of Resoonsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved equivalent. The current form and version of the pamphlet can be found at: http://www. h ud.gov/offices/lead/libra ry/enfo rcem ent/fs-disci. pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. it 60B-22 EXHIBIT 2 F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. M. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XIL ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, 17 60B-23 EXHIBIT 2 have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. 18 EXHIBIT 2 Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. 19 60B-25 EXHIBIT 2 XX. AGREEMENT DOCUMENT EXHIBITS AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. written. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above ATTEST: MARIA D. HUIZAR — Clerk of the Council In City AS TO FORM: RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA a municipal corporation RAUL GODINEZ II City Manager SUBRECIPIENT: Name: Title: Tax ID: DUNS Exhibit 2 20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: APPROVE THE FISCAL YEAR 2018 - 2019 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANTS PROGRAM; AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT (STRATEGIC PLAN NO. 5, 1) �ITIY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16t Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Fiscal Year 2018 - 2019 Annual Action Plan. 2. Authorize the submission of the Fiscal Year 2018 - 2019 Annual Action Plan to the United States Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At a Special Meeting on April 11, 2018, the Community Redevelopment and Housing Commission (CRHC) held a public hearing and recommended that the City Council approve the Fiscal Year 2018 - 2019 Annual Action Plan and authorize submission of the Fiscal Year 2018 — 2019 Annual Action Plan to the United States Department of Housing and Urban Development by a vote of 5:0 (Ramos absent). DISCUSSION Each year, the City of Santa Ana receives funding from various formula grant allocation programs administered by the United States Department of Housing and Urban Development (HUD). These federal grant funds provide valuable services to the community for affordable and supportive housing, community development, public services, and economic development. The programs include the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Grant Program (HOME), and Emergency Solutions Grants Program (ESG). 60C-1 FY 2018 - 2019 Annual Action Plan May 15, 2018 Page 2 Every five years, the City must submit to HUD its Five -Year Consolidated Plan, a five-year comprehensive planning document and application for all of these programs. It describes our strategies to meet the needs of the community and identifies resources and programs that can be used to address them. In May of 2015, the Five -Year Consolidated Plan for the period of July 1, 2015 to June 30, 2020 was submitted to HUD. As part of this planning process, the City is required to submit an Annual Action Plan to achieve the goals in the Five -Year Consolidated Plan. This document establishes a one-year investment plan that outlines the intended use of resources in the forthcoming fiscal year. The proposed Annual Action Plan covers Fiscal Year (FY) 2018 — 2019 and seeks to allocate funding in neighborhoods where programs and resources will have the maximum impact. During FY 2018 - 2019, the City anticipates receiving the following formula grant allocations: Program Allocation CDBG $5,816,959 HOME $1,783,004 ESG $ 475,700 The federal regulations for HUD require that the draft Annual Action Plan be made available for a 30 -day public review and comment period. On March 26, 2018, a public notice was published in the Orange County Register, La Opinion in Spanish and Nguoi Viet in Vietnamese, that the draft Annual Action Plan was available for review beginning March 28, 2018, and that a public hearing would be held on April 11, 2018. On April 20, 2018, a second public notice was published indicating that a public hearing would be held on May 1, 2018. All comments received, including all funding recommendations made by the City Council on May 15, 2018, will be included in the final document. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Iry \ Steven A. Wendoza Executive Director Community Development Agency Exhibits: 1. FY 2018-2019 Annual Action Plan 2. Original Staff Report from May 1, 2018 City Council Meeting http://santaana.granicus.com/MetaViewer.php?view id=2&clip id=1842&meta id=64391 60C-2 CITY OF SANTA ANA JULY 1, 2018 - JUNE 309 2019 M 60C-3 City of Santa Ana 2018-2019 Table of Contents AP -05 Executive Summary Page 1 PR -05 Lead & Responsible Agencies Page 5 AP -10 Consultation Page 6 AP -12 Participation Page 10 AP -15 Expected Resources Page 11 AP -20 Annual Goals and Objectives Page 15 AP -35 Projects Introduction Page 19 AP -38 Projects Summary Page 21 AP -50 Geographic Distribution Page 30 AP -55 Affordable Housing Page 32 AP -60 Public Housing Page 34 AP -65 Homeless and Other Special Needs Activities Page 35 AP -75 Barriers to Affordable Housing Page 38 AP -85 Other Actions Page 40 AP -90 Program Specific Requirements Page 44 Attachments Pages 45 - 63 60C-4 Executive Summary AP -05 Executive Summary- 24 CFR 91.200(c), 91.220(b) 1. Introduction The Annual Plan outlines housing, community and economic and projects that will be undertaken by the City of Santa Ana the U.S. Department of Housing and Urban Development (HF Alp receives an annual share of federal Community Developm* i' (ESG) and HOME Program funds. In order to recelve�hQS& en ),ent needs, priorities, strategies, funds that the City receives from ,entitlement jurisdiction, the City ant (CDBG,) Emergency Solutions s %'City must submit a Consolidated Plan every five years to HUD and an 7 uaI Action Plan everyiv�br. The funds are intended �fre� to provide low- to moderate -income households of NoIaffordable housing, a hAlt y and safe living environment, and expanded economic opportunitles"11 1 le actiyltyies include c0r Kn%. ay facilities and ,RSA} i�;pv�;f ° TIN: ¢i, improvements, housing rehabilitation andlpreservatlon, dcyel ji99 activities, public 'ervices, economic development, planning, and t PIIM11 ;Vir0. Inistratidj>�i;„ 2. Summarize the oblectives and This could be a rest another location. It assessment, the ho The Cit with olt for our a high The Strategic Pla'r I address community' a series of City goals ora or the strategic plan. n the plan or a reference to e housing and homeless needs ass'6M11W,q dMer efficient public services in partnership safety, a pi osperous economic environment, opportunities life fd'Ef`.esidents." and programs that focus on Santa Ana's mission statement, I also HUD's statutory goals. Related to this mission statement are • Community Safety • Youth, Education, Recreation • Economic Development • City Financial Stability • Community Health, Livability, Engagement and Sustainability • Community Facilities and Infrastructure • Team Santa Ana Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-5 1 The City has various needs. The principal needs are: 1) affordable housing through production, rehabilitation/repair, and financial assistance; 2) public improvements to improve neighborhoods; 3) housing for persons with special needs; 4) assistance for individuals experiencing homelessness, including housing, services and homelessness prevention; 5) community and public services especially for youth, the elderly, homeless, and persons with disabilities; 6) economic development and anti- poverty programs focused primarily upon job training and career preparation; 7) public facility and Infrastructure improvements centered upon accessibility improvements; and 8) code enforcement. The strategies described herein establish Santa Ana's priorities for families and neighborhoods with funds made available through ti1f'C housing and development needs of a community significantlyl,5,b���X lit N address those needs. Therefore, it is necessary to pricritiz 'U ,. "use 3' best use to meet the most pressing needs for afford able' . hnusing, i 1 homelessness, persons with special needs, and ove alcommunity The priorities were selected based on a review and analysis of NW4 Consolidated Plan/Annual Plan, followi�g the communitypalt assessment, and housing market analy lsxiSt[ptegies are de5jg. that are based on past performance an '"�'r`a Ices of com 'I projects that clearly demonstrate the capa seYyq?ar�e of �t 4 r through the Consolidated Plgnf;Apnual Plan µwl�a a�'yi The majority of CDBGtdt'Clbities are an , CDBG funds for public sel`v'iees, thr I i�u benefits low and C�loderaw: ipCarr �� 3 " x through axm5lnappl�c�>lon pw;rrsc regwreir eats of the pro"l ,whicl 3. This is an projects. of past past This is an evaluation of past :ing low -to moderate -income solidated Plan. The affordable the resources available to callable funds to the highest and tljals experiencing 'ormation sijm`'yarized in the it a "., in process, coni"61 ations, the needs meet the highest priority needs es with similar programs. only br Mitles below will receive funding All organizations requesting formal application process, must demonstrate that the activity der I'JdIlions T�iEaprganizations requesting ESG funds also applied V uWd III id'djed on their ability to carry out the '60 des assisto homeless individuals and families. ice that helped lead the grantee to choose its goals or that helped lead the grantee to choose its goals or projects. The City has used the resources provided by HUD to the best of its ability and has been successful in meeting HUD's objectives over the preceding years. Components of the City's system of care carried out during the report period included outreach, supportive services, homelessness prevention, emergency shelter, transitional housing, and access to permanent housing. The needs of individuals experiencing homelessness with special needs (e.g., Annual Action Plan 2018 OMB Control No: 2506-0117 (exp, 06/30/2018) 60C-6 victims of domestic violence, Veteran's, and chronic homeless) were also addressed by the County's CoC system. These program efforts helped address priority needs identified in the City's Annual Plan. Various programs, including the Workforce Innovation and Opportunity Act resources, addressed employment training and job placement needs. The State designated Enterprise Zone and the City's business attraction and retention programs also provided economic opportunities to residents. In order to meet the changing needs of the community, the City supported public services and public facility improvement projects. Public services for lower income youth and seniors help stabilize i NAI households by providing services such as recreation and nutritioni pr5f rams. The City recognizes that the City's annual entitlement all of its needs and therefore seeks to maximize coorc organizations to make the best use of these limnedjv resources is critical to achieving the City's goals T"Al'( can match the City's investment of CDBG, HOME, aN additional funds are sought to ensure that more affor PwPh. activities are available for those in neAN'Ri iu bll ,. 4. Summary of Citizen Summaryfrom 146f UU1411bcations are not sufficient to meet tion and cool"enation among agencies and e i Also, the Cityrle�tl.qnizes that leveraging e continues to cultivaV81unding partners who Program,fBu, nds. The nb"e��i,emains great, and R4ouSiijFrld important pyEb' rams and process The City employs diversArriethods tdf"ftourage oh,,agd1'ng participation from residents, community ,, t&1im�i) T,f service providers, and exisWN'and p tehual commu iR%development partners. The participation process fort�'icrl1'ii�ces, a 3b'day public comment period; public hearings; and con with tr'gn profits, Crtstaff, anc�fliorj5mg'providers. �r r 5. Summary of pubic torrmmentsNz+rSli,, This could be a'b l'bf,narrative gdimart' or reference an attached document from the Citizen awhy Participation sect)on;1, the Corr? an, The City was prepared to re'i'e�ye`r'all comments that were offered and to integrate them in the Annual §n " Action Plan. All 6. Summary of comments or views not accepted and the reasons for not accepting them 7. Summary OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 2018 60C-7 3 The City was prepared to receive all comments that were offered and integrated them in the Annual Action Plan, Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-8 C m L L bDm m Ol 0 O G O C a m Ol a .c O CL a� C L d' ma N allif LCL d M _= OD O C N C O ate+ U C ) a .E Nac m r v L L � m a a L ami .° u a y t w h Q m c O 0- 0 p L G U1 Cr III ai Y L Q L C ON y z \ to v u C �y v d C W \ OD O u (° cu M m J Q (D O O to € O Com. V4 0 a C E C L G �9 v = G 3u O m tm a to ¢ to Q y O 9 c Ua C N N N O O O Q. Gl 0 CJ Z Y .�� Z, 9 �FooI xE 0 49.0 say : ,a AIR r �. Q a :A" z aaa• z '• 3e zz V) z z V) d u C m O L � L O l7 a Q) uU 2 w 60C-9 C E �9 v = G 3u O m p• j U/ O Z. G m G. L 4)Q c c U u N O N G ¢ O CO m Ln K �o O 9 c Ua C 'a I U NO Wl AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction The United States Department of Housing and Urban Development (HUD) now requires that entitlement jurisdictions submit the Annual Action Pian and the Five -Year Consolidated Plan through the Integrated Disbursement and Information System (IDIS). The IDIS template contains relevant section and a series of questions to complete the plan. The City of Santa Ana's 2018-2019 Annual Action Plan was developed using the IDIS template and in accordance with statutory Provide a concise summary of the jurisdiction's ac public and assisted housing providers and private and service agencies (91.215(1)) „401 The City of Santa Ana has it's own Housing Authori sand works Authority and City staff meet quarterly with County Me�'tal Hea various committees together with othenlocal cities and se�ice), nd federal regulations. coordination between health, mental health arative[Vlb*all programs. Housing rkers in ad.CA61r);to sitting on Describe coordination with the Conthttlu'HO'Care and effdfj� to address the needs of �)`ab� -L k0. 1 A �'° homeless persons (particularly chromcaf homeless mdyrvldu)9and families, families with ��� fTR�i�� children, veterans, ano,- � taccompanied youth) anA�pK er Ops_at ris fbf homelessness. 2-1-1 Orange County is'thbiCounty's lbb'd with the 016f8lnated Entry"System as well as the Homeless �vlmLld 3 4� k l ' a Management Information Sy�Ye�m (Hffvl0, ),hEach sub ' apient that the City funds is required to participateinii,jis,s�stem WItHtsdessab(t5�itiegof,t14ko+ordinatedEntry System, organizations are � zalS 3 ralilvY�sNln X31 3`{�.. required,M�oWerthetr �b0 rfi,grs tdzniry and addp °Hoifstng First model. Street Outreach Teams 9m4. . are admyhlstering the VUlnera{bSility Ir deRIS ervice Pno'ntization Decision Assistance Tool (VI-SPDAT) to �R�Sj'-v1ilD help in the'' Ikement of hous{ng City staf re active on several of the Continuum's sub -committees and the Conffi 'iht of Care's goY iilIn boart�' I't Describe consultatidKiwith thgj ntinuum(s) of Care that serves the jurisdiction's area in "'F I i H "m determining how to allobate' 5L`, funds, develop performance standards for and evaluate outcomes of projects and%Etrvities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HIMIS Since 1998, The County of Orange has managed a comprehensive, coordinated, and a regional Continuum of Care (CoQ strategy that includes participaiton of all 34 cities in the County, including homeless housing and service providers, community groups, faith -based groups, interested business leaders, schools, and other stakeholders to identify the gaps and unmet needs of the individuals in the County experiencing homelessness. Needs and priorities for the individuals in the County experiencing homelessness continue to be identified through the CoC system of care. City staff participate on several Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-10 sub -committees within the Continuum of Care and coordinates on a variety of projects. Additionally, the Orange County ESG grantees (County of Orange, City of Anaheim, City of Garden Grove, and the City of Santa Ana) have developed the Orange County ESG Collaborative as a unified approach to requesting, reviewing and funding ESG subrecipients. This collaborative approach has streamlined the application and review process and allowed grantees to better understand the impacts of funding decisions. Future Collaborative efforts will include unified invoice and monitoring forms and other actions to better serve our families who are experiencing or are at -risk of homelessness. 2. Describe Agencies, groups, organizations and others who participated in the process MIN h ; and describe the jurisdiction's consultations with housing,r4Mil service agencies and other entities a u� IK Ijlam. Annual Action Plan 2018 OMB Control No; 2506-0117 ("P. 06/30/2D1B) 60C-11 60C-12 A im u u m v 0 m Y m 6 a IM J C m a O m E IM z PE G C 7 V to c LO 0 Ci N N J a m y C V 2 c C •U � V C m c a v w o. a t c x h- .4 v .° ti c v o 0 E o �o ma a o a N w C h O a z m o = m m � a r. c a E 'o Q Ln w �1Tr. d:'d 4w b +m+ O O" C h Eca t CL m VI Q E O m °- }O'c F- EIS m O c t LL jr � 3 Ul u m W aid, ya Y ='f LL i �-Li .L 3r' "lig' C NA¢e �3; TI Cate+ ui�?f O Fp,�1Ft[y OiO� O a '�W'`IS%I yal�fir. �iC O CiYnCu C V 11 'mcd1 mcNE per" Uah Z Oa �"Er,O QUZ c c� wW e d {L vT a O O Emma Ems O O Oa E ��t O x a 0 0 0 2 x 2 2 zr m. a I�.: Ruu.NSu L �3�G jr yy C OY m Cr N O9,r NE Y CO �Cm:,,�' `ChrS 0 O .O \ a V V 1`r LYVii' CL > CL ap \ « a c r- E c F e m 3R IN w m N .E m W r E a w 3 " m 0 11 0 s a c 7 O 7 O C O (�. p d a 'a0-+ \\ m Y V r N r d c d aN+ L C T O p u U N m a a 3u° - 3$ 60C-12 A im u u m v 0 m Y m 6 a IM J C m a O m E IM z PE G C 7 V to c LO 0 Ci N N J 60C-13 SE _m ri f+ 00 C w 'v E w 00 C N u O W � N c a b � u C O C C w c E a N m 3 V O CL N O c cwo u 00 m a t E C A AP,[ u E F-- 0 N y+tU' E 411rw TC d`h �EO InW" C U h33L u�s O rr �F MP Ggli'G4Y � �^!ij'sht u p..�ys N LIG �i �° rT1 SG I�F�Ifp G y 6 T ¢ d yap 3 A �,e�a7v2 1' 4 ii w a �'Itl^a aay9i @ aOw $ Is Y v )Lp+! oat�'c�iV ryl�ll� E o dS yd Ig coo I1!115 Nr ¢NY a kt •+ O C ii §f`- 'IIT anti �h m v'^i Qdd s Sfi s'` r gat x'32 z CL w p �roll "�-p� ARM All as Y a O m a OcI,${n f5, u G C 00 li Vh�ai u Y d� ;€ 0 w .� 4P�'i �>� R o w E o s.P' w o Oa N ; 7 a 00 O O `w CL p >wU Ow CL a N 'w0 K O fY0 a 3 O m o. w E c u 2 Y O o a E° a a v 0 A c a w O L U N r r w * o F- r c u N 60C-14 a F Zi v o v *' Y 10 w. m 60C-15 C 0 c 0 ci N u' N G Z n m N Z Q o u N = a W C 0 9 O a W V^ m , 'o.n o m E ULD 00 rl W K 00 N ~ N al 10 V7 Y O d u N to a n� v r Ln o v a E ry�a'��'�.ja o a v �!6A�i.E ''EIS E cv 0) Aa' C I' f [k�eA"Ht Ci?ig� N �p O�66�LLIaR .v�Y Y N �IttI 1 0s C a101') c a0 d' w Fol 49�++II{ii EyyEIIyy�� N d�%Yli G YL• W �e e y �h ? O V u �k} u `^�a �I;II I N.� i" •J .� V U .fFJ co '•.�I�,d� Q Q O w x a a O h 1 U p a Q w E 50 l7 o a` p U ei ti k 60C-16 0 :L a m .0 00 H < o Ln IM E tm E IR 0 rz W IN 0000 tD 00 0 0)O1 JF M rn d) m IN B W u IFti. 0 0 �,F dtij 10�I 1, 4 A I, '). 0 IINA 1PAPH 'li TAR,4 V, iT 01111r, All IFxt 7.4 15i4 '11IE Ar '4EF ;111I (V ii:GJ 6wr iso ia.]W"O Or j6p C M 0 4", 'D ' O j 0) 'd 1= o a M .!A O a I - V0 >� w 0 Z M a 0 C: .2 MI. 0 ;L, Q4 5 Br E E a w 0 t2 nrO W E E < pM > 'j-, If, U < 0 0 Z o > U M 0 m 0 u O CL E O 60C-16 0 :L a m .0 00 H < L m N m m w 3 m bq c O C IF 0 0 Q m O m C L u m E C w W c m O S L m 0 O c w E c Y G N E Gl C .N 'u N Y L m E c 8 0 L :� a c w C7 w a c m 2 O 2 L6 CI U U 0 0 F - v N c c Qj 0 L Y w v a m m m m v m v c E to O a 0 60C-17 m ti if appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City's Housing Authority currently owns 6 parcels previously held by the former Redevelopment Agency. Some of these parcels have been identified to address the needs within this five-year Consolidated Plan. Those identified parcels will be developed by the City through a competitive proposal process for interested parties. The City acquired properties with CDBG funding in FY 2015-16 that ar&Currently under development for +su�y�,I�� two new parks. The parks are the 6th and Lacy Park and the Raft ildii! 1IMyrtle Park. The 6th and Lacy Park Is anticipated to use a State of California Housing -Related Par fink #rpram grant and be completed in FY 2019-20. The Raitt and Myrtle Park will utilize CDBG fundinhgi�b� thi3B&ign and construction. Discussion NA Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-18 14 60C-19 i O N 0 � yC ° Cu C CO — OO C 0vVy11 v E H c C N C i s j 7 T 4 2 O n N O C C 9 C @ TC T QO Il. 'O C 7 C g r m 0 00 o C 0e} V 00 2 0 LL IN H ) i9 a O a � m O 10 Q i O �ry gAfll]y��1�1SA.. 7 P i u,-. fir. v-0i�l�r ft, 4a t# ., Via— pdi � 9' 10: �A d'.L 4!Y�i� �j� pppp ry '3'3I4I4 ti�il it f3..9 d�'d��51 Wry' All' Ad51 V ' 'I 'Imp, HARIII 'iyIr f�E p ` �,J 7V.1 mTl a 'lip O Q 7 ;ISP €€€ S ii All `m0 r v CM O } N .eg, 7Fu,ll nS Ln q lft N C �ryi Z EIm ^ ° x m iY O ClQ a o Y w 60C-19 i 60C-20 220 Y N m C m N = 0 u L° v y O v j c oa O 0 v 5 o N e ,A, 4! z' Y n p o x° a a) C m '_ a) ti a m a a Q o c `> �n C o n` a E° r 2 m 00 G `m L a ry y H N N i V N O Y ~o N a= v •N N p w m a o a o t o w c v o o m ° y N u \ m¢ at"i ami r O m c y W �; rL° ay 'a0 N �1 bD '^ ti vvi p pp Qv� r� vii umi N O p m 0 " S E •'=09 A N C C O r E o� m E 2 V C '� C O e c .. Ol u�i v cD O L v w a J > L N O 0 O N Y o J O Z W J J r Y F' m m 2 N 0 N c0 S m 2 n O CL Y 2 n. cn cc 0 CD co Ln 00 e Ln v u a u^ o o u u u v z n of �P6"�ie t`a O J N44 N 1 o°z a- - 5� a` m G d N f e^iI�Yi JEW 3 k 'Y�''I°h° hl�rf it 7SkS V J N 2 vl,3. a9��; ��i�d i''s° AflYEfle'le 4Y�r' W d LL N N °° � 'O 3 djW9 it r"�" � i��+�yt ^3 +� 11119 "J•v �'� I iZ�4YC5 k 4.• �b� YIS� l II gf14 'i als d hl I � a r zC a a! .G e ,r' yy1I4 � #yq �s�gllf r' a Iz�'Y�I I � Y �i��.�ga5ataw `TI �1 U t�gil'I€4 IPI'! V " r IIgg .Y , i'316P 93r 5u�'i�ladi y 3GIfl°�Y� W N may, y> N C N C �• d h Y YDS �'13w1' H E Z' JIM C E O pilp-EE O J M. J O C E J Q. y ��[J I O yy0�' d O y SI1..p.7I..5 t10�0 Z 9 ° " iid 5 {IIMS� e� ti C vl ll w v �' 0 N 0� Nli 4'L r �"I I O N O iml, I Ndsi��.lY� Ln x;4{v In I' I: IApWei Ln N P s aFi .r,13 . Y d O O E U12 �J .a l Fa L C r ��. VI W �• GI m,o!IY pp p %q1A!{ rO J t+ E > 0,, n v L zY a v m Q C G t°o v n - E v E = c > - — n.. w ¢ a u t' d N p N rn ci' I11 60C-20 `o u 0 C 0 GO O bD O y E 40.. o m � o Y v L v v a C NZ y O O H u£ U 0 by y LN 0 O l7 L' w G N cu o a is d �fjfsC.3i j��'+,b u InN m d m rn W m V), O� N 07 0 1p •o ou IN Io o rn m ti W m d a N vD In m a Ol y E H c 9 E { e2y1'Y','d D1 t �:rEtli`3i���.� � U A x° �oOJ•„'��E y. 2 O Q C W I�{ g L O L� L O. V) O rL C C 9 7 +�,u�ii C ��jb'h'�6�r� G t0 N •� F7 y d EuoEuw p Cum dl� u N N PRE-, O Z LL���Gt i R `'0;.�'� d 0 � O O ir!�dL�� �� 75 ' 10 O (0 O 4 O a rEt; dl' LL 4 rz ISc JyMr IliMa m v L°� YM'C1 m volil v . v� & 11 ° AI'll I U• 01119 O p! �� dF{Jily ] {F c O 0 a {o OD rJ = E m � •N E aSb�d{ Flu Z U O Q 2 Q PPPf'' T� 9 A c N N In ma a w Y 0NI N O N aFi�,.a' t_. _=33 0 Ln In pJ Ln N N N N y b0 b 0 c m Z = v E a 42 �• 75 LL U 0 G Y t+ O W C n a ME Ml l4 u Y � d O E O b n W 60C-21 lea] HIM Sfw t' 0 tLO7 Gl �fjfsC.3i j��'+,b 1a�fl •yJ YET= Q d a N vD m a Ol y o` E x° O O G d d EuoEuw 'G d 'C Z 0 Z O 10 O (0 O 4 O N O N N n N P: 60C-22 e d o00 �H Q0 al T aJ > �+1 gi E m ERE E Oi Oa � C c 3 v Gi > = E C a v N v O u o u a w a y U Q 0 0 0 0 0 0 a a a a CL a E" E" E u. E,u E u, E h m w m w m w m m m ai m a, z 0 z 0 z 0 z 0 z 0 z 0 m 0 m 0 l0 0 0 0 a 0 f0 0 f0 0 @ 0 f0 0 a 0 R 0 f0 0 f7 C7 0 C7 (7 0 V' 0 0 C7 0 l7 M C m to 1� a0 60C-22 e d o00 �H Q0 al Projects AP -35 Projects — 91.220(d) Introduction The development of the Annual Action Plan involved consultation with those agencies involved in delivering housing and homeless services within the City of Santa Ana, as noted in section PR -10. In addition there were public meetings conducted with appropriate housing and social service agencies tl [ regarding the housing needs of children, elderly persons, person s,�?i?disabilities, and individuals experiencing homelessness. � III 11 els The 2018 Annual Plan sets forth a description of ac during the coming fiscal year, determines goals for describes the implementation plan and geographl,C a #4N F �F�,a lnN �f4a Projects 3WI Wthe usey'b'ffunds that will become available qal h' ils and households to be served, and v#@ of the activitiethe undertaken. # „aprLt Name �� �6ft, 1 �Ji HI FI F ��H�f�4{ HOME18 Admut .It,li. JwS"u 4 2 H0ME18 SIng lt`;1", MilyRehaYgl; g�3 3 HOME18-CHDO 4 HOMEyB AffordableRdrjfa.LiFlo6slFig Ipltn, Eo s 5 E 4 $ Santa 6 CDB018-ADMINISTRA'%r' 7 CDBa4-,FAIR HOUSING"004 4,'i %h 8 CDBG18Q.DE ENFORCEME[J.T illi 9 CDBG18-ECO.PVICDEVELUPMENT 10 CDBG18 PUBLIC'SERVICE PROGRAMS 11 CDBG18-PARK IMPf�OirEMENTS 12 CDBG18-STREETIMMqit, MENTS 13 CDBG18-NEIGHBORHOOD SPONSORED IMPROVEMENTS 14 CDBG18-SINGLE FAMILY REHAB 15 CDBG18-MULTI FAMILY REHAB 16 CDBG18-HOMEBUYER DOWN PAYMENT ASSISTANCE Table 7 - Project Informatlon Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-23 19 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These projects are deemed to be of the highest priority and meet the greatest need. The chief obstacle to meeting these needs is a lack of resources to provide a greater level of assistance. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. O6130/2018) 60C-24 MIJ C O m M E E E ° M w E o E CL tnn 00 t m d CL 'o Q a` 60C-25 ti N 1 Project Name HOME18-Admin Target Area Citywide Goals Supported Affordable Housing Opportunities Administration Needs Addressed Housing Opportunities Funding HOME: $120,794 Description HOME funds utilized to cover admmi�'rative costs for the HOME program.€iii y:; 11 i Target Date Estimate the number f l 1i �1 and type of families ,? xy that will benefit from 6 '� x€�� t the proposed activities s a ;Ijt,p @e ,.jy,,' Location Description r4IhAI„i, vn,�Hlljll�'” Planned Activities 2 Project Name HOME18 �i�i'�le =a nN �tl7 Fa `I��� hob Target Area j31 66t f ' 4ie, J'.i9, f't .wide r..,, d Supporte f f Iole HousmGoals A kOi nWes Needs Addressed ''�l°+I; Houst Opportunit40 e�'. Fundin} "` �� fir* Sb �fNw ��"p� 5ltlt O)yl $1I,b S ly ll} Yyu j.��,.�'� IIa De�bription 'IIE,�, HOfiupds will be iietl for mobile home and single family rehab g y 5jq y, j;pprojects'folqualified households within the City of Santa Ana. .. i.t Targetilai i; Y g, V1+ Estimate the"mber HQ't,I Funds will be used to finance the rehabilitation of owner -occupied Rn and type of fam ijA;sFrl, F,'' smgjeffamily homes and mobile homes for residential properties to that benefit froit(il��,l � dress health issue will code, and safety in accordance with the HOME i,jlp ogram. the proposed activities Location Description Planned Activities 3 Project Name HOME18-CHDO Target Area Citywide Goals Supported Affordable Housing Opportunities Annual Action Plan 2018 OMB Control No: 2506-0117(exp. 05/30/2018) 60C-26 22 Annual Action Plan 2018 OMB Control No: 25060117 (exp. 06/30/2018) 60C-27 23 Needs Addressed Housing Opportunities Funding HOME: $181,191 Description Funds will be used for CHDO-qualified projects within the City of Santa Ana. Target Date Estimate the number and type of families I€iN;;ii that will benefit from 141�11"�l the proposed activities Location Description a�il�fi, fit. Planned Activities 4 Project Name °a HOME18-Afforda2Rental HousingNk, Target Area Citywide 61 €Ili 'ill 4P� Goals Supported p A '9g4 a Affordabf'g€ J Musing Opportif i t , Ir,Fiily �ww3�V I i Needs Addressed 1' i,Ji ,Csl ,I 9 ^�.. IS'f� Housing Op(iprt�t��'hgs t�8°I'I�f,2 Funding HOME $805°i v°{Ip Description '�I n IIY 9 ¢�I pit ,ihs� I IY YGy` " : ,tu d Ya V !'! S'" �1C�'Nafunds wll�{Ibe us d�4oreCi�4�lglactivi�les related to new x to a SII rs,�Sala �;r � ,z const coon or adll ton and re�'a6{jitatlon of affordable rental Iilail housln in the CI dSanta Ana ty Target,Dater E3 Sw�d..A�aofiih yy" Esti dte'the num'tiI i. i! I to{�III(�I IIr �i 9" F and£peoffamilles 4�� 1 a€ that wj11 1enefit from siR 4eL3i3 the proposed:activitles $$ y NJ. -Mt , ;p;, Y 3 1 Location Desclip ion !Rtg 4{gom W2 Planned Activities"Ii"1�1'ial9 5 Project Name 'y G18 -Santa Ana Target Area Citywide Goals Supported Homeless Activities Administration Needs Addressed Housing Opportunities Homeless Services Funding ESG: $475,909 Annual Action Plan 2018 OMB Control No: 25060117 (exp. 06/30/2018) 60C-27 23 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-28 24 Description Emergency Solutions Grant project activities and oversight. Target Date 6/30/2019 Estimate the number It is estimated that over 1000 individuals could benefit from the and type of families proposed activities. The largest number would include Street Outreach that will benefit from and Engagement which is identified in this report at "Other" on the goals the proposed activities outcome chart. Additionally, individuals and families may benefit from rapid re-housing, homeless prevention and shelter activities. Location Description Activities will be provided cftywfdq, jig h, s,,D Planned Activities Through contracts with non pfopu�u service providers, planned �lb�meless activities include Street OuYfiid'dh,'H:d eless Prevention, Rapid Re- Housing, Shelter HMIS,D tot ollectiom� e,City of Santa Ana will �� � st 49& administerthe progfa yv f, li I Ilk The City will use HoGsrnng Authority protect base%N uchers and VASH vouchersforthe rehatiilii2tfon and 8yelopment�r hree projects for Daly 9 r s 'eN elSi individuals experiencing hoele�n'gss. These include t����Santa Ana 5 1�9 Iv.I,}: . Veteran'Ci r �. kNF and Aqua H�oi1�ag; Over 130 individuals will be housed once all thre? p�oj Gts,are comp16J§d 6 Project Name I"u CDBG18-AD 4qw� 9 ,�NISTRATICIPI�s "'u13Ip. mn'. Target Area f A uL 16 pH Ct vlt�s 4i4 } " �' 4, a �i �t�31 e sai Goals Supported '" i, Adminl$ration ;,iF k Fk iv -vVt jl'4i t4sl� Needs Addressed k n,(� -, � Ipusr $'Op,portunitlegV 4FfN 'att'��;'a; i F'eiess4yellre55 G� a 9" rI3I�i4ki,e ttt�y,�' SIJ l Puc Service Pro�lrfam,�^t �r ' ti n. �Publlc F� d'ties /Infrastructure � Eu ECpnomlcevelopment 31 yl,V is 'fi3'til1. CodfEnforceinEnt A 4] yy [Ill Falr-iousing ' Funding 1I'I;l, GD'AW. $992,706 Description "i iT te'program will provide for the overall administration of the CDBG Program, to include: preparation and submission of required contracts with HUD, submission of all reporting requirements, provision of individual project oversight, monitoring of all project implementation and ongoing completion, and fiscal management and oversight. Target Date Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-28 24 Annual Action Plan 2018 OMB Control No: 25060117 (exp. 06/30/2018) 60C-29 25 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 7 Project Name CDBG18-FAIR HOUSING Target Area Citywide a�, Jf;i 0 Goals Supported Support Fair Housing Needs Addressed r,:uy Ir Fair Housing Funding CDBG:$64,141 AMPS�" Description The prc&'Ide fair housing program will enforce riif$r community education, landlord /tenrt counseling/mediationelVi�Ces and city N a�rml�lir: administ�gjve support fomite lq (' is of the City ot'Shta Ana. Target Date J 111P j "a Estimate Estimate the numberUP and type of families 1)�I i� that will benefit f�5ttly�f,y D h�"k�'�irl TET °' the proposed actly tied §"+ i3,,dP g d+ Location Description;I� -19 ]I Plannad?,4cttivltle v4 i1 it 1�,. M1P;{L �''Vy9f.'I �1 eyKz 8 PffijkZ Name jgffl ENF3RREMENT e,CDBG1`$?CODE faL'. El4 Target'AfeaT', Mc uhf �V and Mo'tlerate-Income area Goals Supported Codes nforcetfient z i� Needs Addressed',;,,"r , Y'IJa '+yMr'•9 coc nforcement iIr4iJt Funding �`I I 7"`i5r SCg: $815,644 Description ' Preserve single family and multifamily housing stock. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Annual Action Plan 2018 OMB Control No: 25060117 (exp. 06/30/2018) 60C-29 25 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-30 26 Planned Activities 9 Project Name CDBG18-ECONOMIC DEVELOPMENT Target Area Citywide Goals Supported Economic Development Activities Needs Addressed Economic Development Funding CDBG:$72,926 Description q Provide economic development a5 tl'ttce to businesses. Target DateFibQ Estimate the number P V! I1, Q Q ANN, and type of families g ,lr Qcl IQo that will benefit from l the proposed activities f Location Description a;�dE h�' is iii 1M'1i, sW�URP,, Ni;hliTgiru Planned Activities „Iltl Alin aib 10 Project Name CID BG18-J jq PROGRI�S.,, Target Area V I, �'li "YyE1 'I Ik � �< t1n; ?iL €Citywide a Goals Supported,y s'111Q3ipl I r l "ll Needs Addressed"„'li9i PubliclSeProg �rvice� s' Funding GDBGIf.1 31S k T�t�: (, aq,I}a.y DescnpnfIon a'rilt vFH Provide,�prograiY ,d"Ighe elderly, youth, persons with disabilities, and a r „el, 10611�e individual js it. d S ril;� h Target„Rate, �"�14 YEi'� Estimate tie'^number akM and type of far Bites that will benefit4rli�lll R aru the proposed activities„„t; Location Description Planned Activities Fund nonprofit organizations to provide eligible public services with an emphasis on crime prevention, intervention, suppression for children, youth and families. Nonprofits will be determined through a CDBG Application Process. 11 Project Name CDBG18-PARI( IMPROVEMENTS Target Area Low-and Moderate-Income area Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-30 26 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-31 27 Goals Supported Public Facilties/Infrastructures Needs Addressed Public Facilities/Infrastructure Funding CDBG:$748,784 Description Park improvements in a low income area of the City. Target Date Estimate the number and type of familiesnC€ �d€; �I 'hl that will benefit from the proposed activities 'OPPN, Location Descriptionx{]�', i W al 3 Planned ActivitiesIli A l - i .4 '6` M 12 Project Name CDBG18-STREET I' biVEMENTS tN ,, Target Area 4 LFII A"'.d:lu!e Low -and Moderate In, ;area 1 J;q;� Goals Supported "1pd t sic Public, iat! tz.ies/,Infrastructures, tflill"' Needs Addressed Public Facd�tS, Ago i Pr, s/`�if�6fstr�cture 9I��si Funding 7.y,,,,y. CRBG $748,7$ it cilirr� ,k Description . ?,Yd!?d�' 'ilk +yh"¢»I3s d, R016tial stree`1,11 plip,�rdVe( k --Rs �Iljbe undertaken in an CDBG eligible Il'. 4;r 63E . 11110 area 1 Fi'; y Target Date A 1, Estiroatethen4tnbe r Sr3J ��i� anditqpe of famille5llrtrks l thaill' 'Ill. benefit from Q,v J the pr p'bsgd activitiesM `001, f/44iq 3 Location Despgption dei 14a Planned Actiwtiesfll;= E a ��pp 13project Name Li" �I7BG1&NEIGHBORHOODSPONSORED IMPROVEMENTS Target Area Goals Supported Public Facilties/Infrastructures Needs Addressed Public Facilities/Infrastructure Funding CDBG:$48,619 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-31 27 Annual Action Plan 2018 OMB Control No: 25050117 (exp. 06/30/2018( 60C-32 28 Description Street light upgrades and bullet shield light protectors to enhance the safety and accessibility of public right of way locations in CDBG eligible areas. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description i i i'tPi' .: Planned Activitiesyd' 14 Project Name CDBG18-SINGLE FAMI ��j�HAB ''Igli . Target Area t, Citywide 3 I�., Goals Supported Ski P.W'. Affordable Housing Opptunities^all q@I�^:I+ Needs Addressed Housing. IA p n r dll+l r ri�dH, II ,i 0141, Funding CDBG $ti$Os�l}QI(��igLr!iulo, hofilq�ehablhta Description Owner occUpd i'bl€� Target Dater"6ia ars n". is s { � i�7 iA Estimate the number �In ;at s!I �1-TV ayoy � and type of famllie , p VOW td§ l that will bengfit fromt i; 6 ,i§ k � � `sr(�, �, Q �as� 1a3F1 ➢l Ilv t 95 the pCoposelddiU'Ities�` m3q qj LOCatlOn Descriptionil,s So , kl�l � h 1y1 s? 'k Plannedctivities bix J�, AAt li Project Name'°, CD8G18-MULTI FAMILY REHAB y 3kµG1. TargetArea h €'1ry !-"a� Clty�r7jde Goals Supported i jfI MIA Housing Opportunities ,i d: 1 Needs Addressed '°Housing Opportunities Funding CDBG:$150,000 Description Renter -occupied housing rehabilitation. Target Date Annual Action Plan 2018 OMB Control No: 25050117 (exp. 06/30/2018( 60C-32 28 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/20/2018) 60C-33 29 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 16 Project Name CDBG18-HOMEBUYER DOWN PAYMENT ASSISTANCE Target Area Citywide l,k''iVs Goals Supported z Affordable Housing OpportunlUFhIwr, Needs Addressed Housing Opportunities �� ����'�� Funding 14I ., CDBG: $200,000 1�ar*,i a Description Provide first-time hof'ehuyer 3 down payment pas lance. Target Date'a yFfi al'ill.i:, Estimate the number el v13 111h II ` and type of families that will benefit from s ;�II4i ril the proposed activit. Ir ¢ i� 'I �,�';rY Location Descrip�fo J�h.I_I IM ++ily�i�nif ,y�� Planned Activities y�ljlf�L,, . 5� Irl lip: .. Iyp;1 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/20/2018) 60C-33 29 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed HUD -funded activities are limited to the City's low -and moderate -income areas, which encompasses the majority of the City's residential areas. Areas of the City outside of the CDBG target areas will benefit from activities that are limited -clientele in nature, i.e„ a person/household can benefit from a federally - assisted program provided that they meet the program's eligibility& cel#@ria. Eligibility is typically established b household income and household size. Y RG�fhki ' CDBG program funds will be expended based on p available on a citywide basis for qualified benefich activities will also be carried out on a citywide bas[ development projects (i.e. street and park improv, and moderate -income areas; i.e., areas of the City moderate -income area definition. ,dial; t critdHa. rd'N` ttample, public services will be ([� housing and'{gram administration sing code enforcerriantand community projects) will be ca rif11tit{t in the City's low- 'sthe mai '-I of residents il meet HUD's low- and HOME funds will be utilized to support hoAl, ;g"acquiSitkpn,rnew colhIRuction and rehabilitation hN activities for very low-inc901 "' 0Yl]eowners aRghenants,�$ g & . „ ESG funding will be used 0311p p o rt pYo'&rams that help prevent homelessness or that assist those sRN,�i,, individuals whotfft !already hbmbld a ,%Rfllj' ifje�gency�, thnsitional housing and related supportive ffil services, %i�por�on of ESGrapd general funds vjfl1(5 ,CCndcntrated in the Civic Center where the largest commilii[Rof homeless mt�IMcluals, eme. TargetAtea,,, s?percentage of Funds Low -and Moderate-lii'ft areal Syr 39 Citywide ri ry, '2' " 61 i_ -E Tv Table 8 - Geographic Dlstrlbutich'10' Annual Action Plan 2018 OMB Contra[ No: 2506-0117 (exp, 06/30/2018) 60C-34 30 Rationale for the priorities for allocating investments geographically Funds are used city-wide to benefit the residents of the City of Santa Ana. Code enforcement, street improvements, and park improvements are undertaken in Low -and Moderate -Income areas, Discussion OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 2018 60C-35 31 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction As noted earlier, the most Important impediment to providing affordable housing is due to limited Federal and State resources for affordable housing initiatives. The lack of programs and resources to reduce excessive rent or mortgage burdens to qualified persons is;,a[,Ye"";y factor. Another barrier to providing affordable housing in Santa AnIlls''ithd high cost of housing created by a tIs c{l�t'9 demand for housing, both existing and new, which exceeds,kh''6 currdRKsupply. Housing prices, both ownership and rental, remain high, especially for low Mame householdh; In addition, the cost of site acquisition is very high;ag1 djdevelopment costs ariMlio fiery high. These factors make affordable housing construction expensl" Wand put aghrdable housmgbut of the reach of low-income households. p .�r,u�'�s�"Ie "nol f pStlHu � iY 9 1 {� The Housing Needs Assessment also Iden (let} that s4ri nt cr tilfle In the mortgage origination process a+ l�w M I E still remains, which also !so utside the scop'd h� coh't4 f{off ity poi k n some instances, issues revolving around persona�,firfi es,(lack of fu'17c�s for a do payment; qor credit history) effect the pl `��" n�g�e47(' life+' availability of affordabl�itpusmgfgy a.ntaAnaresider?ts��R 14 s4: In an effort to mitigate - In 2015fiiCi1'TCb Housing', Oortunity to provide eit�yeT}10%of all units to be affordable to lo) �1. 41 -The City utilized limlteRipt rehabilitation of rental hot" thus partially offsetting the Ana hasti;hdertaken the following actions: adopted aq,inc usiotiary housing ordinance referred to as the 'tl,. ;applies to re li htial projects with a zone change that allow stere not previously allowed, and include more than 5 units, f3�'t to be3'��tgrdable to very -low income households or 15% of all new Erces to fund the development and/or the acquisition and i. This public assistance will result in lower rents for assisted units of some of the barriers listed above. -The City's Housing Authority conducted outreach to rental property owners to encourage participation in the Housing Choice Voucher Program. One Year Goals for the Number of Households to be Supported Homeless 300 Non -Homeless 0 Annual Action Plan 2018 OMB Control No: 2505-0117 (exp. 06/30/2018) 60C-36 kPa One Year Goals for the Number of Households to be Supported Special -Needs 0 Total 300 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 2,600 The Production of New Units 0 Rehab of Existing Units Ilii Acquisition of Existing Unitsj qjk 0 Total600 Table 10 -One Year Goals for Affordable Housing by Support Type's+°' g{'y l;I Discussion Aqua Housing - An acquisition and demolition projecflo construct 56 permanent supportive housing units for ch 01.9't:,r.,,,, includes 12 studios and 44 one-bedrooFii„cih'ittvwith wra Santa Ana Veteran's Village - The new cons homeless veterans Thep�dj' 'kcludes70 qn tib �"--591��Ih'� supportive services rllgk,tl il" R. The City was just award with h 100 site to e project services. 1e housing units for units with wrap-around uchers. An RFP wil be released.in FY 17-18 ound in 2019. Annual Action Plan 2018 OMB Control No; 2506-0117 (exp. 06/30/2018) 60C-37 33 AP -60 Public Housing — 91.220(h) Introduction The Housing Authority of the City of Santa Ana administers 2,699 Housing Choice Vouchers and does not own or operate any low-income public housing units. It is the mission of the Housing Authority to provide affordable housing for the most vulnerable members of our community to use as a platform to obtain self-sufficiency and independence from our assistance. Actions planned during the next year to address the needs tor6,0blic housing Not Applicable Actions to encourage public housing residents tafff6kome morel Ived in management and participate in homeownership Not Applicable If the PHA is designated as ti provided or other assistance Not Applicable Discussion OMB control No: 2506-0117 (exp, 06/30/2018) the Annual Action Plan 2018 60C-38 which financial assistance will be 34 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The needs of individuals experiencing homelessness and persons with special needs are complex and require a wide range of specialized services. Numerous agencies are typically involved in the care of these individuals, providing distinct services such as housing, mental health counseling, employment training, and case management services, A number of activities and services are funded to help the needs of individuals experiencing homelessness and other special needs populations. Overall, these rf %' services address the high priority of reducing homelessness and the;�t [eat of becoming homeless, as �.i`2' well as providing necessary supportive services. ssg There are several groups that have a higher need for ai Seniors, people with disabilities, and the individuals wJ a' rl housing problems and have difficulty affording hough@ need for accessible housing, whether for newhoud g�'',; of the housing they currently occupy. In addition to gm needs resulting from dementia and mcre sing physical physical debilitation. Describe the jurisdictions one-year j!I including dl,lA IME Reaching out toI individual needs The bie hodgip,gt�nd have special housing needs. chronically=homeless are more likely to face 'A . ars and people " th disabilities also have a ilitated existing hd sing, or the adaptation a hall ies, seniors ro�iave supportive ll�f�i�,u� itgl, tatfottkrom dementia an .54creasing and ending homelessness and assessing their • Continue partnershlpIgMth �non p`fb,!it Street Outreach teams, r eo • Increasei�the supply of peTtnanent Oftortive housing • Preserve eumnq.g permane ti�supportive housing • Adapt exlstii9giReusing to fhe�et the needs of special needs populations I'r•I'+i3n� • Improve access tiSserviCesfor Individuals with special needs �o • Assist the individual" are homeless and those individuals at risk of homelessness with access to permanent affordable housing and necessary supportive services • Coordinate homeless services and encourage collaboration among Homeless Service Providers and the Continuum of Care. • Work with the County of Orange and the 33 cities in Orange County to address homelessness with regional efforts. The one-year actions to be taken include; Annual Action Plan 35 2018 OMB Control No: 250&0117 (exp. 06/30/2018) 60C-39 • Issue Project -Based Vouchers for Permanent Supportive Housing set aside from the Santa Ana Housing Authority and VASH vouchers for Veterans experiencing homelessness. • Reserve 50% of Santa Ana Housing Authority turnover vouchers for homeless individuals referred by approved referral agencies • Provide financial assistance to coordinate homeless service efforts in the city's most densely populated homeless area. • Provide General Funds from the City's budget to fund a Homeless Services Manager as well as other creative programming. Addressing the emergency shelter and transitional of homeless persons The County of Orange operates a year-round emergenc;�s,helve"i in tWi Civic Center of Santa Ana that provides safe sleep and emergency shelter for over 40(�andlviduals eachynTght, and food and supportive s �a9y= services for over 600 individuals on a daily basis T}j�SC� funded HEART oufTgeach team, City Net and Illumination Foundation organizations provide outrGh�ch and engagement servlrye€S,:In and around the shelter as well as other locations in the City. The COW 'a 'a so runsItemergency SM, weather shelter during the winter. In addition to these she ters, the one' eYY+aCt�'1d�t" will address the'Irgq cis €��i5.�,eM N[n of individuals who are homeless that idcldeslunaccompamedomen, victims of domestic violence, chronically homeless indivlduaIII familles R1 children, veterans and their wu families, and unaccompanied youth The rd a of se Ic include r ency shelter, transitional housing and permanent suj7 Al fjve.housing pts funds w ill' gvide as3I� nce for street outreach services homeless reU fttldn and faa i re hou� f€tgh i P Y �l 1�� �y f `('; Jl Helping homeless persittul o'ni (espec illy chron)cal lyhomeless individuals and families, families with chi ldrert 4 a?,,, k� veterans and'#he)rI.�fahtT�leS;)and un aci ompanied youth) make the transition to livha�r '6F�i� yk sln� us perman nt housing arVd independent hvmg�iina ing shortening the period of time that indwldtY�lsyand families5tperience homelessness, facilitating access for homeless individuals and famdles o affordable liotis)ng un1, nd preventing individuals and families who were recently homeless, from becoinjng homeld'ss again The City supports a number of pro igms to assist low-income individuals and families to avoid becoming homeless, including Sectlbhl Htrus'mg Choice vouchers. Other support services, such as job and training assistance, food assistance, arid."scounseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City works closely with the Continuum of Care who provides oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services are offered in all programs to help prevent individuals from falling back into homelessness. In addition, the Housing Authority of the City of Santa Ana has recently been awarded VASH project - based vouchers for permanent supportive housing for Veterans experiencing homelessness. These 100 vouchers are in addition to the current Vouchers with two projects already in the pipeline. An RFP will Annual Action Plan 36 2018 OMB Control No! 2506-0117 (exp, 06/30/2018) 60C-40 be released shortly for these additional vouchers. Helping low-income individuals and families avoid becoming homeless, especially extremely low -Income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The goals listed above will help these individuals and families �q[B�Ibid becoming homelessness. The ESG program will fund homelessness prevention programs includi]hYli y, and security deposit assistance as well as rental assistance. The HEART program, funded by,.E$6provide�� bus tickets for individuals IesE q'rai a interested in returning to their home; often followin 11 ':lease from a co"&Rbctional facility. Additionally, A. 7". '' the County of Orange is equipped to serve peoplq (sc�iarged from publicly fo�dpd institutions or systems of care such as health care facilities or coil n programs. Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-41 37 AP -75 Barriers to affordable housing — 91.2200) Introduction: Through vehicles such as zoning ordinances, subdivision controls, permit systems, and housing codes and standards, the City has attempted to ensure the health, safety, and quality of life of its residents while minimizing the barriers that may impede the development of affordable housing. None of these measures is intended to restrict the affordability of housing, though these regulations may on occasion influence the pricing of housing. 11:Vilk Impediments to affordable housing revolves around the lack ofi1II", f lly. I dofrime of the City residents. 3 Additionally, the lack of programs and resources to reducee ccesstVel`rentor mortgage burdens to �11i'la Individuals is key. The City does all that it can with the 11nlited resour eayailable to maintain and 1142'' ;iatia�. produce affordable housing for both owners and rpdte4s. Home rehablitta�tign;and home ownerships programs are both available. The City's Work Center apd Economic Developrrie}tprograms work to mM iR �a v4�® retain, expand, train and attract individuals and bushes es tothe„city. y Hk Actions it planned to remove or amelidtate the negafit}Q�ffects of public policies that serve I iip IC)�",.�I 4'11 1 1'I as barriers to affordable housing sucft as land€use contro�i,1�t x policies affecting land, zoning Iil�lli.,4 °��"M ' 141)1 ordinances, building codes, fees and AI ges, gioWth I mita ilgy�ls and policies affecting the ''c i I,� return on residential hive"s"finent The.City has identified''s"I Veral barrier -Mb the devefbop ent of afford9ble housing including the following: (s IM ri { 6th J�xlll § d �Kk I��tPI a i •w • Governs 5ge�ntal constral€?ts,e` 4dlias rbperty takes~ land -use controls (e.g., density and zoning FdS�I� sil �k1V <I{3 lillli 5: NF resEtlbtionsj;biIding coiiev,�building perp€ieeson-site/off-site improvement, prevailing wage • N 9fRet constraints cost, and competition for land. Other constraints sources, finance costs, and the costs of • Available lan^dll,lIlhe City r d' ly consists of small parcels that must be assembled for significant new constructid,111I r iects`�Zp elocation costs and housing replacement requirements for If a.a� redeveloping impr�veproperties also presents barriers to the development of affordable housing. • The region's rents have continued to increase. Higher rents limited the ability of some low- income households to obtain affordable housing. Households with poor credit history are also severely impacted. Since governmental restrictions may constrain the production of affordable housing, the City of Santa Ana continues to monitor, analyze and address, as necessary, governmental regulations, land use controls and residential development standards that affect the production and preservation of Annual Action Plan 38 2018 DMB Control No: 2506-0117 (exp. 06/3D/2018) 60C-42 affordable housing. The Housing Needs Assessment also identified stringent criteria In the mortgage origination process that continues to this day even after the 2010 foreclosure crisis has ended, which also is outside the scope and control of City policy. In some instances, issues revolving around personal finances (lack of down payment, credit history, employment history) affect the availability of affordable housing for residents. Market factors that tend to restrict affordable housing production are: high land costs, high construction costs, and the availability of financing. In an effort to mitigate these barriers, the City of Santa Ana has 40.A.9rtaken the following actions: Discu! City Council adopted an inclusionary housing Ordinance (H00) that requires either 10% or to very low- and low-income households. agd, lel The City utilizes limited public resources tb�fy rehabilitation of rental housing units. This pi li efe.'f[ed to as the Housing Opportunity `tti,NR'l : . new uhlUn Santa Ana to be affordable the development Annual Action Plan 2018 OMB control No: 250&0117 (exp. 06/30/2018) 60C-43 result i s listed acquisition and rents for assisted owners to e 39 AP -85 Other Actions — 91.220(k) Introduction: The City of Santa Ana will undertake many activities aimed at addressing the needs of the community's underserved populations. Underserved individuals include elderly, persons with a disability, youth, homeless, veterans and very low-income individuals. Actions planned to address obstacles to meeting underserved In order to serve the underserved populations, the City will existing housing units and expanding the number of afford renters. Housing rehabilitation and acquisition /developmet 3- of these activities. The city and local nonprofits will cd_. M 7C residents, Social services to be funded will include,' M ram Nil � jt � ocu§ill ited resources toward rehabilitating �kt4 >jaihdg5 ng units for both owners and jtai� ^i aof neW � ijtal housing units are examples to providelbrvices for underserved City with an emph i&ipp crime prevention, intervention and suppression for children, youth a' a families. Programs to individuals include Permanent Supportive Housing, raif� t.. street outreach. By focusing resources oYl'housing and cofi`i' City will be able to utilize limited resources,M(Qrq;efficiently When available, Santa Ana will seek out these needs. Actions planned to In an this c s,er, and maintain 01 :d � �tf and f�ooskrildd dal � �VInclude bro6ams a the rece that albVQYesidential eless pr9%pti.on, shelter and identified as igh priority, the and state funds to address Ana will continue to seek ways to achieve i as: � i t'iulsionary housing ordinance referred to as the Housing This`olginance applies to residential projects with a zone change m�� ment where such uses were not previously allowed, and include more than S' UnitS to providd?either 10% of all new units to be affordable to very -low income households or N46of all49V units to be affordable to low-income households. Developers also have an option to gb}ialt,tn-lieu fee which will go towards affordable housing development jr within the City of Santa Ana. Use limited public resources to fund the development and/or the acquisition and rehabilitation of rental housing units. This public assistance will result in lower rents for assisted units thus partially offsetting the impacts of some of the barriers listed above. Collaborate with CHDOs to help ensure long-term affordability and maintenance of housing units. • Continue the Housing Authority's outreach to rental property owners to encourage participation in the rental assistance program. Annual Action Plan 40 2018 OMB Control No: 2505-0117 (exp. 06/30/2018) 60C-44 • Issue project -based vouchers for permanent supportive housing. Actions planned to reduce lead-based paint hazards In an effort to address the problems caused by lead exposure, the City of Santa Ana has implemented a lead paint hazard identification and notification process as part of its housing programs. This process has been designed to comply with HUD's lead-based paint hazard regulations (Title X), which became effective in September 2000, and was implemented by Santa Ana in January 2002. All owner-occupled housing units rehabilitated or constructed paint hazards. If the inspection finds potential lead-based pair y: the average cost per test is $450. The procedures to compl:�, days to the typical housing rehabilitation project. " Actions planned to reduce the number of pdVdit' I The objectives and strategies of this Plan are focused on aif 111,1 improving the quality of life for the lo%#Utffigame, most lessening the impacts of poverty. Stratekt.4 c jJ I P�o,v housing; working to reducing homelessness Improiltgp development. aiqr�jr "N The transition of peo � 1' �ove the. beyond providing opportU'lies for childcare, and housing are kbm rY2'�`JIq £rx. i'ri"" self sustajnjhg emjalgy gnkt Xg Fl,lji+ P Al The Citv'�t' 1hemnlovavarie �I str economic g'roin(th and job oppo"""h required to takedvantage ofth Nii'' activities and servIN11,to combat i79 are inspected for lead-based the subject property is tested — ias added approximately 30 families 6 number of faMi fts in poverty, families and Indlvfd'uals, and able housing and special needs . ;and streets; and economic line IrfvOIT6V variety oflp ilicies and programs that extend P , ment a''" ' �"al[ ng wage. Access to education, transportation, lihat can as's5t persons to secure and retain economically s.,o help alleviate poverty, including efforts to stimulate ink' o provide Santa Ana residents with the skills and abilities .'. irtlint les. More specifically, the City will undertake a range of including: • Expand afford able`itop5lh&pportunities through housing rehabilitation, rental assistance, and creation of new affordable housing units (via new construction and/or acquisition/rehabilitation).' • Provide homeless assistance including prevention activities, emergency shelter, transitional housing, and access to permanent supportive housing opportunities. Supportive services will be blended with these activities. • Enforce public safety to prevent criminals from victimizing the poor. • Implement public facility improvements to improve the overall infrastructure of the City and eliminate public improvements/infrastructure that negatively impacts residential Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-45 41 neighborhoods. • Provide job training, job -search skills and job placement to provide individuals living in poverty with employment opportunities that pay higher wages. • Promote and provide recreation and diversion services which provide youth living in poverty with alternatives to gang -related criminal activities. • The Housing Authority will continue to implement the Family Self -Sufficiency (FSS) program, which will provide rental assistance, life skills training and referrals to employment training for Housing Choice Voucher Program participants. Actions planned to develop institutional structure The City of Santa Ana will strengthen institutional stru and private housing and social service agencies, and f.( Allt initiatives. The City works closely with local instltutlota incentives with neighborhood and community desel�l W'h.f with neighborhood associations, community-based lef institutions. The City also supports programs aimed at departments. The City will continue totutll,lze p rietwol ay' Ifi t�iP'Fr„ ,. implement the strategies outlined in the GOhst011ded coordination between public g,improvements and resident ffo initiate programik �at link economic Ingobjectives, mcludi`ng�abullding relationships Ingagen to'�y.nonprofits;�t4educationaI 9£' ,�I i,[" Vi ,�nri,i�i,�. eri"�al'1)c�ngl 'ordination amonlg Various City 4�f' oda ~ v lc of li:R fte Is, contacts and partnerships to Plan ret Pi fish+, In the area of housing th ,Qi YrWill continue fo`bulld Its Te(ationshlp uJlth1local housing providers such as private developers, nope fit c evd pers, and thei�hbo )gg noYlsirlgiauthorities, to ensure that limited x�'h' �} i9 " puil: hili) housing resources are Ufiljzed In the most efficlen1 ripteffective mdnner possible. The City also will Iy4ze11 �1� continue to participate In tk�fregionaMlontmuum ofIC(are as board members and on subcommittees in �, 4P�b i8isa� r.. Sy=g' orderto coordlnat�,wlth nelg�lringlurlsd,lf)pns to r duce homelessness in our community. ned to service public and private housing and social Additionally, the Ofw�nge County ESVIigrantees (County of Orange, City of Anaheim, City of Garden Grove, 1Pai �`n and the City ofSanta'� 8) have developed the Orange County ESG Collaborative as a unified approach to request, review and'nd ESGusl ecipients throughout the County and in each jurisdiction. This d. ES f 2i r collaborative approach has �kfreamlmed the application and review process and allowed the grantees to better understand the impactsoffunding decisions. Future Collaborative efforts will include unified invoice and monitoring forms and other actions to better serve our homeless and at -risk of homeless families. City staff serve on the Continuum of Care Board, subcommittees and are involved in several regional efforts. Public agencies, nonprofit organizations, and other service agencies all play an integral role in the provision of affordable housing and support services. Annual Action Plan 2018 DMB Control No; 2506-0117 (exp. 06/30/2018) 60C-46 @P1 Discussion: OMB Control No; 25060317 (exp. 06/30/2018) Annual Action Plan 2018 60C-47 43 Program Specific Requirements AP -90 Program Specific Requirements— 91.220(1)(1,2,4) Introduction: Community Development Block Grant Reference 24 CFR 91.220( Projects planned with all CDBG funds expected to be available dl Projects Table. The following identifies program income thatjO41' projects to be carried out. 11r' 1. The total amount of program income that wily t program year and that has not yet been reprogra 2. The amount of proceeds from section 108 loan address the priority needs and speclfd jelcitives 3. The amount of surplus funds from Urb 20'hev 4ITgI Iu 4. The amount of any grant funds returneji d 10 t{ �i n been included in a prior statement or plan'<Ki�l�pir ?> i3O S. The amount of Incom61 ro flpat funded a ivi {;'h IjCrVi � ��@ a i I T"iii Total Program Incorrje i; 'ryi�t,s 1. received rements m (CDBG) year are identified in the for use that is included in fir vs�s for .Oe start of the next 0 Will be used dunpgxthe year to a, 11. grantee's strategic, an. the planned use has not 0 0 0 0 0 2 The esfaated percentagYr0"('CDBG fi'jj rds that will be used for activities that benefit persons of idhod moderate Irr�pme Over IllBenefit - A consecutive period of one, �.4 two or three ye"8rsIinay be used tP determine that a minimum overall benefit of 70% ... of CDBG funds Is useto benefit �1esons of low and moderate income. Specify the years covered that inct7i,thls Aitial Action Plan. 100.00% Annual Action Plan 44 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 60C-48 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Santa Ana does not use HOME funds in any other manner than those described in Section 92.205(b). 2. A description of the guidelines that will be used for resale or recapture for homebuyer activities as required in 92.254, is as follows ji'°� ItF.I �� Vi1l��j Not Applicable Cog Ir €� (� I[ 3. A description of the guidelines for resale or rp, ure that ensures the with HOME funds? See 24 CFR 92.254(a)(4) areraSfo,(lows: Not Applicable 4. Plans for using HOME funds to rehabilitated with will be used unde The City of Santa 1. Include vvr(en standards EmergencySolufl 6M,Grant t01,1s7•,. components street oii�eal assistance, and Homelessem administrative costs and ac are planusXbuse HOM ,GDdsforthispurpose. (ESG) 220(1)(4) of HOME funds when used of units acquired mily housing that is guidelines required that assistance (may include as attachment) m funds will be used for eligible activities under five program !rgency shelter, homelessness prevention, rapid re -housing ment Information System (HMIs) costs, as well as allowable ESG applications go through an open and transparent proposal process. The Community Development Agency is responsible for ensuring that the ESG Program is implemented in accordance with all federal rules and regulations. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The County of Orange in collaboration with the CoC, the OC Commission to End Hornlessness, and Annual Action Plan 45 2018 OM B Control No: 2506-0117 (exp. 06/30/2018) 60C-49 other ESG entitle me ntjurisdictions including the City, will utilize assessment and evaluation instruments developed in consultation with the HMIS lead agency and previously funded HPRP grantees. The County ensures ongoing coordination of program design and eligibility standards. The City provides funding to 2-1-1 Orange County, the County's Continuum of Care administrator of the HMIS data entry system. Again in FY 18/19, funding will be provided for HMIS data, Coordinated Entry and technical assistance. 2-1-1 Orange County also administers the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize chronically homeless individuals for affordable housing opportunities. 3. Identify the process for making sub -awards and dB cn6e 'I'Wthe ESG allocation available to 51s n private nonprofit organizations (including cornmUnity and faith ,,based organizations). In FY 17/18, the Orange County ESG Collaborift'(County of Orange, CitpfAnaheim, City of Garden Grove, and the City of Santa Ana) releAe bpe Requestifor Proposi 'm a unified approach ,�..-0 to request, review and fund ESG subrecipients Any�50�.�c)(Br)icganization in goofl;kstanding was i '�' D J llfi' had' dip able to submit a request for funding 4l eligible ESG actlt�I tes application had 'renewable option that was exercised for FY18/10,,IEi5G'jf !mcling This cOl�l b3o�,;,I�rative approach has streamlined the application and review process and all��ts the g thtpes to be , understand the impacts of funding decisions Future Collaborative efforts v� lfilpclude UWRIf d it ie�@8��`il.monitoring forms and other actions to better serQ1home�e`s's and at ris� of hom yes€ #a lyes w. pl �Efii -'k [t.,,� �i31 p �fS ppb tO rl Ciu IR Following the CollaR65tive revle'w`('(he recommendations for funding is considered by the 'hi A., rye °�i.� Community Redeveloprrtp t and" sl lg CommIssiq�l before being considered and adopted by the ` 3 ] .iii [- 4, City C � ncd�Aijo�15tlons are t�qq drb]�� wlt " �I jr�leI i � "kif ensuring that program funds would be allocated toward eilgli e act! Itq%san the catcgo leslof homelessness prevention, rapid -rehousing, shet t14,data and stach v I, yi F�a -TI[ 4. IftheturlsdI on is unable`fta'tneettli✓y'Ihomelessparticipation requirement in 24 CFR 576. 05(a), thry f urisdictIon iu t specify its plan for reaching out to and consulting with 4i f?Fa L • homeless or foifid y home1es individuals in considering policies and funding decisions regarding facilities"lid seivf cis funded under ESG. The City consults and works with the County and CoC homeless services staff as well as local homeless service providers, homeless advocacy groups, the OC Homeless Task Force, ACC -OC Homeless Task Force as well as neighboring cities and homeless advocates. A previously homeless individual participated on the ESG RFP FY 17/18 funding review panel which FY 18/19 awards are based upon. Individuals who were previously homeless provide assistance in outreach and engagement services and provide feedback to staff. In addition, the CoC's strategy reflects the participation of all 34 cities in Orange County as well as individuals who are homeless or previously homeless, schools and a host of additional organizations. Annual Action Plan 2018 OMB Control No: 2506-0117 (e p.06/30/2018) 60C-50 IM 5. Describe performance standards for evaluating ESG, The City utilizes the HUD monitoring ESG handbook to monitor each program's performance to ensure that goals are on track and funds are used for eligible activities. On a quarterly basis, invoices are reviewed to ensure program compliance. In addition, the quarterly financial invoices are t organizations Is done b staffmonitored b Cit Accountingstaff. On-site monitoring of no ,, and by consultants for both program and financial records 4 " 'h as -needed basis, or at least every three years. ,,a��,lii al d�llr rr c � w, r�iiq�l3 F hl , The City works closely with the OC ESG Collaboar��re�o standardize a��m,uch as possible. Annual Action Plan 2018 OMB Control No: 2506-0117 ("P. 06/30/2018) 60C-51 47 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/20181 60C-52 Cf•3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENT WITH HF&H ❑ As Recommended As CONSULTANTS LLC FOR SOLID WASTE L] Amended ❑ Ordinance on 15l Reading CONSULTING SERVICES ❑ Ordinance on 2"d Reading (STRATEGIC PLAN NO. 4, 1 & 5) ❑ Implementing Resolution ❑ Set Public Hearing For r �u :t: - MANAGER MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with HF&H Consultants, LLC, to provide solid waste consulting services for a period to run concurrent with the extension agreement for collection and handling of solid waste with Waste Management, expiring June 30, 2020 with a one-year option exercisable by the City Manager, in an amount not to exceed $184,000, with a 20 percent contingency of $36,800, for a total amount of $220,800, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City's agreement for collection and handling of solid waste is due to expire on June 30, 2020, and include a one-year extension option. The Public Works Agency is developing a strategy for providing appropriate solid waste services in Santa Ana that considers changes in legislation and recycling trends, and also establishes the City's "Green Policy' and goals. The City is interested in contracting with a consultant with solid waste expertise for these services. The consultant will be required to assist the City in developing a "Green Policy' and goals with input from City Council, the community, and staff. Development of the policy and goals will inform the finalization of the draft Request for Proposals (RFP) for solid waste services. The process will include a review of the City's Source Reduction and Recycling Element, Household Hazardous Waste Element, Non -Disposal Facilities Element, and applicable laws related to solid waste, including the City's Integrated Waste Management Ordinance and Municipal Code. The consultant will also assist the City with the Solid Waste Services RFP process, including contract negotiation and finalization. Staff issued the RFP for Solid Waste Consulting Services (Exhibit 1) on the City's website on January 1, 2018. Five proposals were received. The proposals were evaluated and ranked by a review committee comprised of staff from the Public Works Agency, the Community Development Agency, the City of Laguna Beach Public Works Agency, and the Orange County Public Works 60D-1 Agreement with HFH Consultants, LLC, for Solid Waste Consulting Services May 15, 2018 Page 2 Agency. The ranking criteria included the experience of the firm and team, relevant project experience, understanding of the scope of work, the work plan, references, schedule, and fee. The top three firms were interviewed with the following ranking results: Firm Score Proposed Fee HF&H Consultants, LLC. 94.4 $184,000 R3 Consulting Group, Inc. 86.8 $209,200 E. Tseng and Assoc., Inc. 79 $225,000 Staff recommends awarding a contract to HFH Consultants, LLC, based on its experience with similar work in the solid waste industry, expertise in the solid waste industry, familiarity with the Orange County solid waste contracts and environment, and approach to complete the work within the specified time. The proposal contains a clear path toward achieving City goals and objectives as required by the RFP. The total agreement (Exhibit 2) compensation is in the amount not to exceed $220,800. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment); and, Goal #5 - Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $220,800 are available in the Refuse Collection Service Fund, (Account No. 06917640-62300) for expenditure in FY 2017-18, and will be budgeted in FY 2018-2019, FY 2019-2020, and FY 2020-2021, as outlined in the following estimated spending plan. Unspent encumbered funds will be carried forward into subsequent fiscal years of the agreement. Fiscal Year Amount FY 2017-18 $25,000 FY 2018-19 $169,000 FY 2019-20 $21,800 FY 2020-21 $5,000 TOTAL NOT TO EXCEED $220,800 60D-2 Agreement with HFH Consultants, LLC, for Solid Waste Consulting Services May 15, 2018 Page 3 Edwin "William" Gjarvez, P.E. Acting Executive Director Public Works Agency EWG/MLM/CK Exhibits: 1. Request for Proposals 2. Agreement APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez ux.lolg] Executive Director Finance & Management Services Agency o. 1� REQUEST FOR PROPOSALS (RFP) FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 18-006 FOR THE CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Christy Kindig Project Manager (714) 647-5088 Office ckindigna,santa-ana.ore for Release: KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Deadline for Requests for Information: Pre -Proposal Meeting: Proposal Due Date: Presentation/Interviews: Projected Award Date: Fred Mousavipour Executive Director Public Works Agency Monday, January 22, 2018 Monday, January 29, 2018 There is no scheduled meeting. Tuesday, February 6, 2018 Monday, February 19 to Wednesday, February 21, 2018 March 20, 2018 Exhibit 1 City of Santa Ana RFP 18-006 600-5 (2) NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for solid waste consulting services. Responses to this Request for Proposals (RFP) will be accepted until February 6, 2018 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-006 SOLID WASTE CONSULTING SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Christy Kindig Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids- Lfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City of Santa Ana RFP 18-006 .PW (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 18-006 TABLE OF CONTENTS L GENERAL H. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VIL IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS DI. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 18-008 9013-7 (1) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 15-006 I. GENERAL Nature of Work: The City of Santa Ana is seeking a solid waste consulting services provider. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Four hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 20% • Relevant Project Experience 20% • Schedule 15% • References 10% • Fee 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of City of Santa Ana RFP 18-006 6 3IJ-8 selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre- contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section IIID. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa-ana.orv/bids-rfns City of Santa Ana RFP 18-006 901J-9 E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.ory/bids-rfns H. PRE -PROPOSAL MEETING A pre -proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section IIID: Addenda". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals subnutted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 18-006 0 6 10 IV. SUBMITTAL REQUIREMENTS A.GENERAL Number of Copies and signature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x 17". The Statement of Qualifications includes the following: a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and al] provisions as contained in the standard agreement attached as Attachment 2, in the Appendix of this RFP. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. e. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. Proposer shall also provide a summary of the last 15 relevant projects that identifies the municipality that the work was performed for, time period work was performed, and hauler recommended by proposer. f. Schedule: Proposal shall include a detailed schedule, with a written statement which provides information on current workload and how this project would be accommodated. City of Santa Ana RFP 18-006 6UD711 g. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years h. Fee: Fees shall be included as part of evaluation criteria. Refer to "I. GENERAL", and IV. SUBMITTAL REQUIREMENTS, B3 FEE PROPOSAL, below. (this item not part ofpage limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included opened until the proposals have City will select the consultant b based on available funding. s part of evaluation criteria, the fee proposal will not be been evaluated by the proposal selection committee. The used on qualifications, and then negotiate a contract price Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in 'T GENERAL". 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves City of Santa Ana RFP 18-006 6bbP 12 the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 18-006 Obtl 3 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 18-006 The Public Works Agency is developing a Request for Proposal (RFP) process for a new solid waste services contract. The City requires the services of a consultant to assist in the process. Components may be modified through negotiation and/or by written addendum issued by the City and will be made a part of the Agreement. Minimum Requirements 1. Review City's Source Reduction and Recycling Element, Household Hazardous Waste Element, and Non -Disposal Facilities Element, 2. Review applicable laws related to solid waste, including the City's Integrated Waste Management Ordinance and Municipal Code. 3. Participate in at least two public workshop meetings with the City Council to establish residential and commercial solid waste programs and serviqe levels. 4. Collect community data on solid waste service levels through surveys, questionnaires, and meetings with homeowners and business representatives.- 5. epresentatives:5. Develop new service specifications. 6. Develop the RFP for City of Santa Ana Solid Waste Management Services, in consultation with City staff and representatives of the City Attorney's office, RFP to establish requirements for a baseline program based on achieving compliance with state mandates, maintaining existing, and new specified service levels. Additionally, a menu of potential innovative and/or green service options, such as Zero Waste programming, shall be provided with the cost being identified individually and separate from the baseline proposal. 7. Assist in the evaluation of the proposals and firms, and final contract negotiations. City of Santa Ana RFP 18-006 1§66214 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this —day of , 201_ by and between , a [insert type of business: sole ownership entity, LLP, etc], (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 solid waste consulting 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 THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within sixty (60) 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. 3. TERM This Agreement shall commence on the date first written above and terminate on 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. City of Santa Ana RFP 18-006 6'M 15 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. — - Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured City of Santa Ana RFP 18-006 06� 16 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. If Consultant 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 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 cancelled 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 fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. 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 behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or City of Santa Ana 1 RFP 18-006 600317 property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and - - employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in comiection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. City of SantaAnaRFP 18-006 6 V D141 8 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: 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: 'Exec. Director . City Attorney XXAgency City Attorneys Office City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax 714- 647-XXXX Fax 714- 647-6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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 City of Santa Ana RFP 18-006 M219 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: a, 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 C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other City of Santa Ana RFP 18-006 61V2 d620 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. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: (name) (title) Tax ID# City of Santa Ana RFP 18-006 6WZ21 EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP 18-006 6UIJ 22 i FEE PROPOSAL, including hourly rates City of Santa Ana RFP 18-006 60 DIL�'23 EXHIBIT C CERTIFICATIONS City of Santa Ana RFP 16-006 IM224 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 18-006 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 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 malting a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before the on this _ day of , 20� by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 18-006 66!25 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES - RFP NO.: 18-006 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 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. 2. If any funds other than federal appropriated fluids 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 a 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 making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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 Ana RFP 16-006 OV26 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP NO.: 18-006 The 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 imion 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 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 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. 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, City of Santa Ana RFP 18-006 ''327 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. 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 1 B-006 6B�428 EXHIBIT D ADDITIONAL PROVISIONS City of Santa Ana RFP 18-006 6529 MAYOR ' Miguel A. Pulido MAYOR PRGTEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinalero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 Mryvw.santa-ana.om PUBLIC WORKS AGENCY February 2, 2018 ADDENDUM NO.1 REQUEST FOR PROPOSALS NO. 18-006 FOR SOLID WASTE CONSULTING SERVICES DATE DUE: FEBRUARY 6, 2018 AT 5:00 P.M. CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No: 18- 006 SOLID WASTE CONSULTING SERVICES. This addendum shall become a part of the original Request for Proposal. PLEASE NOTE: THE NUMBER OF PAGES ALLOWED is increased to 40 double sided pages. RESPONSE TO QUESTIONS ASKED/CLARIFICATIONS: Do you have a maximum budget for this work. If so please can you advise what it is? There is no established budget. 2. There are no delivery timescales within the RFP. Could you confirm: When you need the new contractor to start operations? The solid waste consultant is expected to start their work as soon as the contract is fully executed. The solid waste services contractor is expected to start operations on or near July 1, 2020. We anticipate awarding the contract on or near December 2019. The time it would "take" from notification of successful contractor to having an approved contract in place? SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Martinez Vloeme Sarmierno Jose Solorio Mayor Mayor Pro Tem, Word 2 Wartl 1 P. David Benavitles Juanord 5 s Sal and 6 O Ward4 Wards Ward6 [lioulitlo(olsanla-ane am mimarlinez(dlsanla-ane ora vsanniento(olsanlaana om s 1 tlbanavidaslolsanle-ena av Willeoas(dsemaana am stinaierorojsanla-ane am Addendum #1 RFP 18-006 Page 2 of 3 For the solid waste consultant, it would require approximately two weeks from Council approval to have an approved contract in place, as long as all requirements are met. The solid waste consultant should have an understanding of the tasks and time required, once a solid waste services contractor has been chosen by City Council, to have a negotiated solid waste services contract in place. • The amount of time you would allow the contractor to mobilize the contract after contract is signed? We expect the consultant to make a recommendation that is appropriate. The amount of time you would allow potential contractors to respond to the RFP? We expect the consultant to make a recommendation that is appropriate. 3. How many community surveys and questionnaires do you expect the consultant to carry out and have you already developed mechanisms through which these surveys can take place? We anticipate one or two community surveyslquestionnaires, which might utilize an online application, such as Survey Monkey. We expect the consultant to make a recommendation of the appropriate mechanism. 4. The 4'h Minimum Requirement on Page 10, which asks the consultant to collect community data through "surveys, questionnaires, and meetings with homeowners and business representatives", is not very specific. Please provide guidance on what method(s) must be used to obtain the data. Can the consultant use the public workshop meetings listed in the prior item as a forum to obtain the community input needed to complete this work requirement? We anticipate one or two community surveyslquestionnaires, which might utilize an online application, such as Survey Monkey. We expect the consultant to make a recommendation of the appropriate mechanism. The consultant may use the public workshop meetings as a forum, but not as the only forum. Santa Ana has vibrant, organized neighborhood and business associations and other organizations that would be appropriate. Anticipate a minimum of eight meetings with these groups. 5. Please can you provide the Sloan Vazquez draft report including the review of solid waste collect service rates in 10 similar Orange County municipalities? SANTA ANA CITY COUNCIL � MiguelA Pulido Michele Martinez Vicente Sarmiento — Jose Solorio P. David Benavitles Juan Villeeas Sal Mayor Mayor Pro Tem, Wad2 Wadi Wad3 Wad4 Wards moulido(asanta-ana ora mimaalnezgsaM.na ora vsarmientoasenta-ano ora'solodorolsanta-aneora docnavidesralsanlaananm 'Mleoas(dtsamaana ora st" a'e 60D -M Addendum #1 RFP 18-006 Page 3 of 3 Links to the Sloan Vazquez Executive Summary and Report, which includes the review of solid waste service rates in 10 similar Orange County municipalities, are on the City's webpage: http://www.ci.santa-ana. ca.us/owa/ Can you please expand on the role expected from the Consultant for Task 7 assistance in evaluating proposals and firms? Would the Consultant assist in development of evaluation criteria and guidelines for selection or in reviewing and ranking proposals? We expect the consultant to develop detailed evaluation criteria and guidelines, make their expert recommendation and work with the City to refine. Consultant is also expected to review, evaluate and rank proposals within the context of their professional expertise. 7. The Scope of Work does not specifically mention that the consultant should prepare a new Franchise Agreement (FA). Should this be included in the Scope? Yes, a draft Franchise Agreement should be included in the Scope. Consultant will work with the City to refine. 8. Was a Draft FA prepared in conjunction with the RFP considered by the City Council earlier this month? No, a draft Franchise Agreement was not considered by the City Council earlier this month. All other terms and conditions remain the same. Christy Kindig Projects Manager 714-647-5088 SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Madlnez Vicente Sarmiento Jose Solana P. David Benavides Juan VJlegas Sal Mayor Mayor Pro Tem, Weird 2 Ward? Ward Ward Ward 1 moulidalmsentaana om M1.rlinea(dsanla-.n.. solori &.iinlaanaoro dbenavides(&sanla-ana o Mina'erof 60D-32 WWOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinaiero Juan Villegas CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 W W W.santa-ana.ora PUBLIC WORKS AGENCY March 19, 2018 ADDENDUM NO.2 REQUEST FOR PROPOSALS NO. 18-006 FOR SOLID WASTE CONSULTING SERVICES DATE DUE: THURSDAY, APRIL 5, 2018 AT 4:00 P.M. CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No: 18- 006 SOLID WASTE CONSULTING SERVICES. This addendum shall become a part of the original Request for Proposal. PLEASE NOTE: Questions regarding this Addendum must be received by Tuesday, March 27, 2018 at noon. The due date for proposals is extended to Thursday, April 5, 2018 at 4:00 p.m. Staff requests revision and resubmission of your proposal, for further consideration. You will have until the date listed above to revise and resubmit your proposal. Please include the following: Provide a list of onlysolid waste procurements that your firm/team has participated in, in the last five years. Identify the hauler recommended for the procurement. Assume that your firm can utilize the draft Solid Waste Services RFP as a base document that you can modify as needed. It is attached for your review. Assume the following scenario in revising your proposal: 1. That you will start by facilitating the development of the City's green policy and goals that will be achieved over time relative to solid waste, diversion and recycling. City Council and community input will be key in shaping this work. SANTA ANA CITY COUNCIL Miguel A Purido Michele Martinez Vicente Sarmiento Jose Solana P. 0aid Benavides Juan Villegas Sal Tinaiero Mayor Mayor Pro Tem, Ward 2Wardt Ward4 Word Ward moulld,raeunls-ona am miaollhazitlsanta-anaoro vsarmlenlof�sanla-anaolo 'Jr, dleenavidestibsentaana aro ivillaaas(olsanta-ana mo slinaiem(dsanta-ana om RFP 18-006 Page 2 of 2 2. Develop a scope of work based on this set of policy and goals to achieve compliance with all legislative mandates and maintain existing service levels. 3. Provide programming recommendations with increasing levels of diversion achievement and assigning estimated costs to those recommendations. The options will be presented to both the community and City Council for their review and feedback. This will inform any revisions to the draft Solid Waste Services RFP. 4. Reflect the following minimum changes to the Scope of Work in your proposal: a) Three City Council workshops o b) Five community meetings � c) Five City Council meetings 8 d) Three revisions each to the RFP for Solid Waste Collection Services and sample agreement e e) Four negotiation sessions o f) Three revisions to the final agreement • Provide hourly rates and a total project cost. All other terms and conditions remain the same. Christy Kindig Projects Manager 714-647-5088 SANTA ANA CITY COUNCIL Miguel A. Pultdo Michele Martinez Vicente Sarmiento Jose Soled. P. David Benavides Juan VJlegas Sal Maya, Mayw No Tem, Ward 2 Wwdi Wwd3 Wwdd Wards 1 moulidc(�sahla-ana ara mimartinezla�sanla-ana aro vsa,mientonosents-ana om Lsolwm(atsantaana oro doenavideslbsanta-anawa sti a'eo� 60D-34 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solodo Sal Tinalero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.orc PUBLIC WORKS AGENCY March 29, 2018 ADDENDUM NO. 3 REQUEST FOR PROPOSALS NO. 18-006 FOR SOLID WASTE CONSULTING SERVICES DATE DUE: THURSDAY, APRIL 5, 2018, AT 4:00 P.M. CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No: 18- 006 SOLID WASTE CONSULTING SERVICES. This addendum shall become a part of the original Request for Proposal. PLEASE NOTE: Reminder: The due date for proposals is extended to Thursday, April 5, 2018, at 4:00 p.m. RESPONSE TO QUESTIONS ASKED/CLARIFICATIONS: In facilitating the development of green goals, policies and programming recommendations, does the City want the consultant to propose measures above and beyond what may be needed to comply with State Laws? The consultant is expected to use their expertise in solid waste, diversion and recycling to develop a policy and goals. Input from staff, the community and City Council will provide additional guidance. 2. In budgeting for five community meetings and five city council meetings (as indicated on Item 4, Page 2 of Addendum#2, is this budget intended to cover all such meetings necessary to the tasks in the RFP. This change is intended to standardize the proposal responses with a minimum number of meetings. 3. Please give one or two examples of the types of programming recommendations you'd like the consultant to prepare under Item 3 on Page 2 of Addendum #2. SANTA ANA CITY COUNCIL Miguel&Puhi Miotale Martinez Vicente Sarmieat. Jase Solon. P. David aenavides Juan vdlegas Sal Tinajero Mayor Mayor Pro Tem Ward 2WaA1 Wards Wards Ward moulidorasanlaana ora mimartinazosantaana ora vsarmienl.rdsanla-ana oro dbenavldesrdlsanlaana.d. iilleoasiOsante-ana oro slinaiero(alsanta-ane am Addendum #3 RFP 18-006 Page 2 of 3 Based on the results of scenario items #1 and #2, the consultant is expected to use their expertise in solid waste, diversion and recycling to provide these programming recommendations. 4. Please provide any documentation regarding the City's current environmental policies and goals. The City has a Climate Action Plan (CAP) that has been approved in concept however it has not been implemented. You may find the CAP at http://www.ci.santa- ana.ca.us/climateactionplan/documents/climate action ,olan.pdf. The City is in the process of developing a comprehensive General Plan Update. The draft is anticipated to be ready by 12/31/18. You can find the existing General Plan and progress on the New General Plan at h_ttp://www.ci.santa- ana. ca. us/generalplan/default. asn. 6. Has the City had discussions of future environmental policies and goals that it would wish to be included in the new solid waste agreement? If so, please provide documentation. Nothing specific other than compliance with State mandates. 6. What is the City envisioning as a work product for the City's green policies and goals? E.g. memorandum, formal report or other work product. The consultant is expected to use their expertise in solid waste, diversion and recycling to provide the appropriate format/work product. This should include sufficient documentation and narrative to allow current and future City policymakers to understand the intent, implement programs, and monitor achievements. 7. Are the City Council and community input listed in bullets 1 and 3 of Addendum No. 2 in addition to the meetings/workshops outlined in bullet 4? If not, what is the anticipated volume of outreach for bullets 1 and 3 listed in Addendum No. 2? The minimum number of meetings referenced in Item 4 includes those mentioned in Items 1 and 3. What date does the City anticipate that the selected consultant will receive award and authorization to proceed? SANTA ANA CIN COUNCIL Miguel A. P.O. Michele MaNnez Vicente Sarmiento Jose Solmio P. David Bere ides Juen Villages Sal Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward4 moulidorasanta-ana am mimadinea aanta-ana om vsaimienlo�Msanla-ana ora sclodo(dsanla-ana ora d1,a a. deslaleanla-anaom "II name slina'a o1 , 60D-36 Addendum #3 RFP 18-006 Page 3 of 3 The City is tentatively scheduled to award a contract at the May 15, 2018 Council Meeting. i 9. The draft RFP for City of Santa Ana Franchise Collection Services provided included Attachments 2 and 3. Were the other attachments drafted (E.g. Attachment 1 and Attachments 4 through 12)? If so, please provide these attachments. No. They were placeholders for development. All other terms and conditions remain the same. Christy Kindig Projects Manager 714-647-5088 SANTA ANA CITY COUNCIL Miguel A. Pupd. Michele Martinez Vicente Sarmiento Jose Solari. P. David Benavides Juan VilleBas Sal Mayor Mayor Pro Tem, Ward 2 Ward Wad Ward Wards t moulid.asenta-anaor. mimadinai(l. sanla-ana or vsarmienloldsanta,ana.r. 'solaria sa la-ana..r tl5enavidesfdsanla-ana oro ivllleoasfdsanla-ana.r. a'e 60D-37 o. 1� Exhibit 2 AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS AGREEMENT is made and entered into this 15th day of May, 2018 by and betweenHF&H. Consultants, LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 22, 2018, the City issued Request for Proposal No. 18-006, by which it sought a consultant to provide solid waste consulting services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-006 and addenda thereto. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-006, including addenda thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed -$220;800:- This sum is comprised of (1) the base amount of $184,000 and (2) a 20% contingency in the amount of $36,800• for additional services at the City's sole discretion, b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page L of 8 60D-39 This Agreement shall commence on the date first written above and terminate on Jurie 30; 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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. 5. INDEPENDENT CONTRATOR 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. Page 2 of 8 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance"shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California 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. If Consultant 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 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 cancelled or reduced in coverage or changed in any other material aspect, by Page 3 of 8 60D-41 consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully 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 termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, 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 subconsultants, 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 due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this - Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 60D-42 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All.such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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) Page 5 of 8 60D-43 P,O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Laith Ezzet, Senior Vice President— CMC 19200 Von Kannan Avenue, Suite 360 Irvine, CA 92612 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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. 15. 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. Page 6 of 8 or l�A 16. NVAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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 Page 7 of 8 60D-45 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:1.,.. w M. Funk Assistant City Attorney FOR APPROVAL Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ H City Manager CONSULTANT Name: Title: CONSULTANT Name: Title: Page 8 of 8 EXHIBIT A 19200 Von Karmen Avenue, Suite 360 Irvine, California 92612 Telephone: 949/251-8628 Fax: 949/251-9741 www.hfh-consultants.com April 4, 2018 Ms. Christy Kindig Project Manager Public Works Agency City of Santa Ana 20 Civic Center Plaza; 4U' Floor Reception, Ross Annex Santa Ana, California 92701 naging Tomorrow's Resources Today Robert D. Hilton, CMC John W. Famkopf, PE Lalth B. Ezzet, CMC Richard J. Simonson, CMC Marva M. Sheehan, CPA Robert C. Hilton, CMC Re: Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO: 18.006 Dear Ms. Kindig: HF&H Consultants, LLC (HF&H) is pleased to submit this proposal to the City of Santa Ana (City) to provide solid waste consulting assistance. For almost 30 years HF&H has provided tailored solid waste and recycling services to local governments. We believe that HF&H brings the following qualifications and benefits to the City: 1. We are an industry recognized thought -leader in environmental strategic planning, goal setting, policy development and program implementation. For decades HF&H has brought innovative and pragmatic solid waste and recycling plans to the communities we serve. Our pioneer role in the zero -waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our client with a realistic understanding of impacts on costs and diversion. 2. We provide the technical expertise to analyze proposed services and rate impacts to verify that program costs and customer rates are competitive while also providing measurable benefits to the community they serve. HF&H has pioneered the development of a benchmarking method to compare the complete schedule of solid waste rates on a consistent basis among jurisdictions that have similar services. We also have a multitude of databases and financial models that allow us to assess cost impacts and diversion potential of significant individual programs to assist our clients in selecting which programs provide the most benefit to their communities. 3. We Identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, in order to set measurable, achievable goals which meet the needs of the community and achieve regulatory compliance while minimizing the financial impact to ratepayers. Again our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. Our staff includes SWANA and CRRA certified zero waste instructors. 60D-47 Managing TomorroW5 Resources Today Ms. Christy Kindig April 4, 2018 Page 2 of 3 4. Our significant local experience provides us with an understanding of the contracting arrangements and regional and State issues facing all Orange County cities. HF&H has been assisting Orange County cities with their solid waste needs for the past twenty-five years. Our Orange County clients have Included: • City of Aliso Viejo • City of Anaheim • Costa Mesa Sanitary District • City of Dana Point • City of Fullerton • City of Garden Grove • City of Irvine • City of Laguna Niguel • City of La Habra • City of Lake Forest • City of La Palma • City of Mission Viejo • City of Newport Beach • City of Orange • County of Orange • City of Placentia • City of Rancho Santa Margarita • City of San Clemente • City of San Juan Capistrano • City of Santa Ana • City of Tustin • City of Yorba Linda 5. We are experts in the procurement and negotiation of solid waste services agreements, having assisted more than 100 California jurisdictions with the development of RFPs and agreements, evaluation of proposals, and negotiation of solid waste services agreements for refuse, recycling and organics collection, material processing services, and disposal. In some of our competitive procurements, costs to the ratepayers have been reduced by as much as 41 %. 6. HF&H Guides a structured process with high integrity that can withstand scrutiny from the public, elected officials, and proposers. The key to a successful contracting experience is a smooth, well managed process. As described In some of our client testimonial letters, city staff and elected officials have appreciated our guidance and successful results. 7. HF&H does not provide solid waste consulting services to waste haulers In order to avoid conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials. S. We are well acquainted with the solid waste rates, services, and programs implemented throughout Southern California as a result of our previous projects and on- going surveys of 200 cities in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura. We understand current trends in the local solid waste industry and we are familiar with the capabilities of the potential proposers. 9. The engagement will be managed from our Irvine office, making our staff readily available to participate in project meetings in a cost-effective manner. �. 1 Managing Tomorrow's Resources Today Ms. Christy Kindlg April 4, 2018 Page 3 of 3 Thank you for the opportunity to provide you with this information. We look forward to an opportunity to meet with you and the appropriate City staff and learn how we might best assist the City. If you have any questions, please contact me at (949)251-8902, lezzet&hfh- consultants. com, or Debbie Morris at (949) 251-1106, dmorrls6a hfh-consultants.com Very truly yours, HF&H CONSULTANTS, LLC /.i� `f Laith Ezzet, CMC Senior Vice President Z.•1 • City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 TABLE OF CONTENTS STATEMENT OF QUALIFICATIONS............................................................... Section A: Agreement Statement...........................................................................1 Section B; Firm and Team Experience...................................................................1 FirmSize........................................................................................................................ 1 LongTerm Success........................................................................................................1 ProjectTeam..................................................................................................................1 Section C: Project Understanding...........................................................................9 Section D: Relevant Project Experience and References.....................................17 Unsurpassed Experience - HF&H Procurement Results................................................17 HF&H Southern California Office Contracting Experience with Waste Management ...... 18 Representative Projects and References.......................................................................18 SCOPE OF SERVICES AND SCHEDULE...................................................................26 Competitive Procurement Schedule.........................................................................27 ATTACHMENTS Attachment A: Client Testimonial Letters Attachment B: HF&H Client List Attachment C: City of Livermore Zero Waste Plan Attachment D: HF&H Southern California Competitive Procurement Savings to Ratepayers April 4, 2018 Page i HF&H Consultants, LLC 60D-50 This page intentionally left blank 60D-51 City of Santa Ana Proposal to Provide Solid Waste Consulting services RFP NO.: 18-006 STATEMENT OF QUALIFICATIONS Section A: Agreement Statement HF&H concurs with all provisions contained in the City's standard agreement. Section B: Firm and Team Experience HF&H team members Laith Ezzet and Debbie Morris have worked together at HF&H for over 25 years, a consistency that we believe no local competitor can match. As a firm, we offer even more support. Our HF&H team is organized into two practices: solid waste management services and water/wastewater/stormwater management services. Our staff includes Recycling and Sustainability experts, Certified Public Accountants, Certified Management Consultants, and Registered Professional Engineers. Many of our team members possess advanced degrees, professional cert'rfications, and have had a decade or more of government and/or solid waste industry experience prior to becoming consultants. They are leaders in such organizations as the California Resource Recovery Association, the Solid Waste Association of North America, and the Municipal Section of the American Institute of Certified Public Accountants. Expertise is more than technical proficiency: it includes a systematic knowledge of practices. HF&H's knowledge of industry practices and standards is available to our team members through electronic databases. These databases allow us to plan, evaluate, and negotiate contracts for services on behalf of our clients. Firm Size HF&H employs eighteen permanent consultants and two administrative personnel. Long Term Success HF&H has been in business for over 25 years. During that time we have consistently provided our clients the highest level of service. Through more than 1,900 engagements we have served more than 400 municipal agencies. Some important measures of our clients' satisfaction are: • In independent client satisfaction surveys, 100% of respondents have said they would use HF&H again and would recommend us to other municipal agencies. • The majority of our engagements are received through sole -source processes and result from prior experience with the client or strong referrals from past clients. • In any year, 70% of our clients have previously engaged us within the past two years. • We have received numerous testimonials regarding the quality and effectiveness of our work. Please reference Attachment A for a sample of client testimonials. Project Team The project team was selected based on their areas of expertise to assist the City in achieving its vision. Our project staff has unparalleled expertise in the following areas: April 4, 2018 Page 1 HF&H Consultants, LLC 60D-52 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 • Competitive procurement and renegotiation of solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support; • Rate analysis, cost of service studies, and negotiation of solid waste rates; • Public meetings for City Councils and Boards of Supervisors; • Stakeholder workshops for local community groups; and • Planning, implementing, and monitoring solid waste and diversion programs. Competitive Procurement Engagement Organization Chart Rob Hilton, CMC President Tracy Swanborn, PE Senior Project Manager __ Laith Ezzet, CMC Senior Vice President Primary Contact/ Project Director Engagement %: 25% Engagement Advisors Engagement %:15% Debbie Morris Senior Project Manager Secondary Contact/ Project Manager Engagement %:35% Philip Mainolfi Senior Associate Project Analyst Engagement %: 25% April 4, 2018 Page 2 60D-53 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Laith Ezzet, CMC®, Senior Vice President Project Director Mr. Ezzet is a Certified Management Consultant and Senior Vice President of our Southern California solid waste consulting practice. Mr. Ezzet has 30 years of experience as an economist and solid waste consultant and has assisted over 100 public agencies to plan, implement, and monitor their recycling, organics, and solid waste collection, processing, and disposal programs. During the course of these engagements, he has presented to or participated in more than 200 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. Mr. Ezzet is a past member of the Board of Directors of the California Resource Recovery Association, and, for over 20 years, has served as a Director of the Southam California Founding Chapter of the Solid Waste Association of North America. Procurement Experience Mr. Ezzet has managed numerous procurement engagements for recycling, organics, and solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom he has helped to obtain new recycling, organics, and solid waste services contracts include the cities of Anaheim, Beverly Hills, Bellflower, Cerritos, Dana Point, Diamond Bar, Hermosa Beach, Huntington Park, Imperial Beach, Indian Wells, Inglewood, Lake Forest, Lawndale, Long Beach, Manhattan Beach, Mission Viejo, Newport Beach, Norwalk, Orange, Palm Desert, Palmdale, Pico Rivera, Rancho Palos Verdes, Rancho Cucamonga, Rancho Santa Margarita, Redondo Beach, Riverside, Santa Clarita, Tustin, West Hollywood, and other. He has negotiated recycling, organics, and solid waste agreements with a total value In excess of $2 billion. The competitive collection procurements managed by Mr. Ezzet have a total value in excess of $1 billion, and he has saved public agencies more than $200 million, with some agencies saving up to 40%. The majority of the procurement and franchise agreements engagements directed by Laith include organics collection and processing services and rate setting for organics. In addition, Laith has designed RFP and contract provisions that require or incentivize organics recycling including diversion performance standards and technical assistance programs for businesses and multi -family accounts. In the case of jurisdictions, such as Whittler and Diamond Bar, that currently do not offer food scraps collection for single-family customers, Laith negotiated provisions in the franchise agreements to include food scraps collection when required by regulations and pre -negotiated the cost/rate impact for these services. Solid Waste Rate Studies and Audits Mr. Ezzet has provided expert solid waste advice to over 70 cities and counties In the areas of rate analysis, cost of service studies, program planning and funding, and negotiation of solid waste rates. Examples of clients whom he has assisted with fee audits, performance audits, contract compliance audits, and solid waste rate analysis of both existing and proposed services, include the cities of Anaheim, Arcadia, Bellflower, Beverly Hills, Burbank, Chandler, Covina, Dana Point, Downey, EI Monte, Fullerton, Glendale, Hermosa Beach, Hesperia, Indian Wells, Indio, Inglewood, La Palma, Laguna Beach, Laguna Niguel, Long Beach, Monterey Park, Orange, Palm Springs, Pasadena, Pomona, Redondo Beach, San Bernardino, San Clemente, San Juan Capistrano, Santa Clarita, Santa Monica, Torrance, and April 4, 2018 Page 3 HF&H Consultants, LLC 60D-54 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 others. During the course of these and other engagements, Mr. Ezzet has directed the auditing of financial and operating records at approximately 100 solid waste companies throughout Southern California' Diversion Programs and Contract Management Mr. Ezzet has helped more than 30 public agencies to monitor and evaluate their recycling and waste diversion program requirements in order to comply with the State's waste diversion goals, and negotiated revised franchise agreement terms to enhance recycling and waste diversion programs offered in those communities. He has assisted cities develop waste and recycling tonnage reporting formats and related auditing requirements for both exclusive franchise agreements and non-exclusive service arrangements. He assisted the City of Los Angeles in evaluating the feasibility of achieving its 70% diversion plan. He has assisted agencies to manage their solid waste collection and recycling contracts, including the cities of Bell Gardens, EI Monte, Huntington Park, Inglewood, Irvine, Lawndale, La Quints, Newport Beach, and others. He has assisted numerous agencies to plan, negotiate and/or evaluate organics recycling programs to comply with AS 1826, including the cities of Anaheim, Aliso Viejo, Inglewood, Lawndale, Norwalk, Palmdale, and the counties of Santa Barbara and San Bernardino. Surveys Mr. Ezzet is intimately familiar with solid waste rates and service arrangements In Southern California, having surveyed over 200 jurisdictions in the region. He directed a survey of solid waste rates and services in the 100 largest U.S. cities, the results of which were published in several Industry journals. He completed a study, sponsored by the Solid Waste Association of North America, of solid waste services provided by the 100 largest municipal service providers of collection and disposal services in North America. Rob Hilton, CMC®, President Engagement Advisor Since 2002, Rob Hilton has provided recycling and solid waste consulting services to public agencies in projects covering a wide range of strategic, operational, programmatic, contractual, and financial issues. Mr. Hilton's background in public policy and administration and his involvement in over more than 300 projects for more than 110 agencies, primarily in California, gives him an understanding of the diverse conditions within the industry as well as the local market context that shapes each client's unique needs, Rob will serve as an Engagement Advisor for this project. Diversion Studies/Zero Waste Planning Rob also leads HF&H's zero waste/high diversion planning team in support of clients who are looking to improve their materials management performance through policy, program, facility, economic, and/or behavior change efforts. Rob has assisted forward -thinking and leading- edge "Zero Waste" communities like San Jose, Fresno, San Diego, Berkeley, Santa Monica, and Oakland with plans and system/program designs to help them make the next steps in their achievement of their unique vision for a zero waste future. Every one of these plans has included significant cost and diversion analysis of options for recovering organics from the disposal stream and providing approaches to funding the system. April 4, 2018 . Page 4 HF&H Consultants, LLC 60D-55 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 In addition, Mr. Hilton has presented several papers to industry organizations on the subject of how to develop sustainable funding strategies that support a zero waste system. These papers are the result of research and projects conducted by HF&H on behalf of clients like the Alameda County Waste Management Authority, Monterey Regional Waste Management District, Kern County, the City of San Diego, and Sonoma County; all of whom have high diversion goals but fund their programs largely off of landfill disposal Funding Strategies for High Diversion/Zero Waste Mr. Hilton has lead Statewide efforts to create a new, sustainable business model for recycling and waste services that assures more financial stability for both ratepayers and service providers, while maintaining the service provider and generator incentives required to achieve higher levels of diversion. Working with leading service -provider public agencies like Santa Monica, Santa Cruz County, San Diego, and the Monterey Regional Waste Management District, Rob has created contextually appropriate strategies for de -leveraging waste -based funding sources, diversifying funding sources, creating Proposition 218/26 compliant funding sources, and ultimately providing greater stability for both ratepayers and service providers. In addition to work with public agency service providers, Rob has worked with other high -diversion and zero waste communities like Fresno, RecycleMore, and StopWaste.Org to create sustainable franchise compensation and rate models that encourage high levels of customer participation and diversion. In the past several years, developing funding for organics facilities has been a key feature of funding strategies that HF&H has prepared for several clients including the Counties of Santa Cruz and San Diego and the City of Oceanside. On January 1, 2018, the County of Santa Cruz will begin the first SB 1383 fee in the State, providing over $800,000 per year in funding for the development and operation of a County -owned organics processing facility. Procurement and Contract Negotiations Mr. Hilton leads HF&H's contracting team in support of more than a dozen communities each year who are either competitively procuring or negotiating solid waste collection, processing, and/or disposal contracts. Rob specializes in working with large and multi Jurisdictional agencies like the City of Fresno and the Monterey Regional Waste Management District through their more complex and publicly -scrutinized procurement processes. He has also excelled in serving smaller communities like the Old Sacramento Historic District and the Golden Hills Community Services District, which have very unique service conditions and requirements. Mr. Hilton has served as either HF&H's Engagement Director or Manger on more than 60 contractor procurement and negotiations projects. Through these projects, he has managed evaluation of hundreds of cost proposals from companies providing organics collection and processing services and crafted RFP policies and franchise agreements that include provisions requiring organics collection and processing and/or promote development of infrastructure. These procurement projects and franchise negotiations also include development of rate structures, many of which he has designed to provide incentives for organics program participation. April 4, 2018 Page 5 HF&H Consultants, LLC 60D-56 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Debbie Morris, Senior Project Manager Project Manager Debbie Morris will substitute as the City's primary contact in the event that Mr. Ezzet is unavailable. Ms. Morris Is a Certified Management Consultant and Senior Project Manager in our Southern California solid waste consulting practice. Ms. Morris has specialized in consulting to government clients on solid waste issues for more than 25 years. Ms. Morris' experience includes assistance with diversion studies, zero waste planning, AB 939, AB 341, AB 1826 and other legislative compliance, solid waste and diversion program implementation and monitoring, solid waste and recycling contract development and management, grant management and administration, greenhouse gas inventories, audit services, rate reviews, illegal dumping/bulky item abatement program development, and construction and demolition debris ordinance preparation and monitoring. Solid Waste Legislative Compliance Ms. Morris' legislative compliance experience includes AB 939, AB 341, AB 1826 and AB 1594 compliance strategic planning, annual report preparation, base -year adjustments, requests to use alternate adjustment factors, and disposal reconciliations. Jurisdictions assisted by Ms. Morris were able to document a significantly improved diversion rate (from three to 20 percentage points) and none of these jurisdictions have received a compliance order from CalRecycle. Ms. Morris has assisted her clients in preparing for the Mandatory Commercial Recycling Regulation included in Assembly Bill 341. This assistance has included gathering current commercial refuse and recycling service level data from the cities' haulers, documenting the number of accounts covered under the regulation, calculating the current level of compliance and appropriate recycling service fees, and developing public education and outreach materials. Ms. Morris is currently assisting jurisdictions in complying with the requirements of AB 1826. This assistance has included developing public education and outreach, determining affected businesses, reviewing and negotiating proposed rates and contract amendments, and gathering and presenting data to CalRecycle. High-Diversion/Zero Waste Planning Ms. Morris has assisted her clients in the development of strategic plans to achieve their high diversion or zero waste goals. Ms. Morris has managed various waste diversion feasibility studies to Identify cost- effective programs to reach diversion goals. This work has included analyzing the effectiveness of existing diversion programs and identifying potential new programs needed to achieve higher diversion goals. Some studies have also included surveys of other cities in California to discover which types of diversion programs were most effective at reducing waste. Ms. Morris conducts research on the design of residential and commercial diversion programs to discover program characteristics that lead to the highest diversion percentages and lowest cost to ratepayers. Her expertise Includes strategically Incorporating programs which provide the most benefit based on a jurisdiction's demographics and waste stream characteristics. April 4, 2018 Page 6 HF&H Consultants, LLC 60D-57 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Ms. Morris has assisted the cities of Santa Monica and Beverly Hills In the development of their zero waste plans. This assistance has included benchmarking existing programs, Identifying areas for improvement, estimating existing and proposed program diversion potential and cost, and presentations and meetings with stakeholders and city councils. Construction and Demolition Diversion Ms. Morris' construction and demolition debris diversion program experience has included ordinance development, California Green Building Code compliance assistance, stakeholder meetings, council representation, staff training, public outreach and education, and program administration and monitoring. Additionally, Ms. Morris assists her clients by updating their ordinances and diversion documentation to comply with the CalGreen three year updates. Ms. Morris has developed a program to assist jurisdictions in implementing a construction and demolition debris diversion program from conceptual development through Ms. Morris also assists the jurisdiction with staff program training and assistance, develops a public education and outreach program, and monitors the success of the program. Tracy Swanborn, P.E., Senior Manager Engagement Advisor Tracy Swanborn, a Senior Manager with HF&H, has more than 27 yeas of solid waste and recycling consulting experience assisting municip agencies. She received a civil engineering degree and is a registers professional engineer. Her expertise is in planning recycling composting, and landfill diversion programs and policies; collectgoi transfer, processing and disposal services procurement; contra development; and negotiations. Tracy will serve as an engagemei advisor on this project. High-Diversion/Zero Waste Planning Ms. Swanborn has extensive experience preparing high diversion plans and program assessments, conducting program cost and rate comparison benchmarking analyses, and providing recycling program assistance. As an HF&H project manager, she has recently finished up a year-long High Diversion/Zero Waste Plan project for the County of San Diego. This project involved assessment of current conditions; development of a menu of program and policy options; analysis of cost, diversion, and greenhouse gas impacts for short-listed programs; formation of recommendations; and preparation of a Strategic Plan. This work included a costlbenefit analysis of numerous organics waste reduction programs focused on SB 1383 compliance including food waste prevention and food donation programs. Additionally, she recently completed a cost/benefit analysis for the City of San Ramon that includes evaluation of several organics reduction programs such as organics collection for all multi -family properties, mandatory recycling and organics ordinance and enforcement, wet/dry collection, and mixed materials processing. Tracy Is currently managing development of the City of Elk Grove 20 -Year Long -Range Strategic Plan that will be designed to include programs and policies to meet SB 1383 requirements. As part of the Elk Grove project, she evaluated the cost impacts and diversion potential of organics collection and processing April 4, 2018 Page 7 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 programs and will be developing a funding strategy for new programs. In addition, she is currently managing an SB 1383 planning project for RecycleSmart (also known as the Central Contra Costa Solid Waste Authority) that will include estimates of organics collection and processing program infrastructure and operating costs for new programs to meet SB 1383 requirements. Ms. Swanborn managed the preparation of the City of Livermore's initial High Diversion Strategic Plan, which mapped out a strategy for 75% diversion and identified the best use of grant funding available for the diversion efforts. She also led the diversion and cost analysis efforts for the Mountain View Zero Waste Plan and the Milpitas Solid Waste Master Plan. In 2010, Ms. Swanborn's diversion planning efforts were focused on managing the development of San Leandro's High Diversion Plan. The efforts included an extensive review and analysis of program options and development of an Action Plan that provided a roadmap to take the City all the way to its 75% diversion goal and beyond in support of the City's Climate Action Plan. Procurement Experience Tracy has managed or significantly supported over 45 franchise procurement processes and contract negotiations that have focused on achieving high diversion and zero waste objectives. Through these procurement projects and contract negotiations, she has designed RFP and franchise terms and conditions designed to Increase recycling and organics diversion results for jurisdictions. These engagements also included management of the evaluation of the diversion and cost impacts of recycling and organics collection and processing services and evaluation and development of rate structures and rates for recycling, organics, and solid waste services. Example procurement and contract projects Tracy has managed include: RethinkWaste's sole source franchise negotiations; Santa Cruz County's franchise procurement process; RecycleSmart's collection, processing, and disposal procurement process; the City of San Jose's commercial redesign project and procurement; Palo Alto's collection and processing procurement; and, others. Philip Mainolfi, Senior Associate Project Analyst Mr. Mainolfi brings over 10 years of prior financial, accounting, and process automation experience, as well as 5 years of diverse experience in the recycling and solid waste industry. While working for a large southern California collection and processing company, he spent three years managing recycling and solid waste contract compliance for 46 municipalities and government agencies, developing financial models, automating financial reporting processes, designing and developing management reporting tools, and managing external audits. Mr. Mainolfi received invaluable insight into hauler operations, zero waste planning, and public outreach. Mr. Mainolfi has assisted cities in the areas of rate analysis and negotiating organics recycling service rates. He has conducted surveys of commercial organic collection services and rates in the region, offering hirr understanding of implemented and proposed local service rates and programs an Inimitable and how they Impact participation. His analysis of local rates has also included surveying facility gate rates and providing independent pricing strategy consistent with the cost of service. April 4, 2018 Page 8 HF&H Consultants, LLC 60D-59 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 High-Diversion/Zero Waste Planning Mr. Mafnolfi has provided zero waste planning and implementation support for the County of San Diego. His contributions included profiling zero waste systems including the City of San Diego, and the City of Oakland. Mr. Mafnolfi is a CRRA and SWANA certified zero waste practitioner who is currently finalizing certification requirements for training zero waste courses on behalf of these organizations. Program Costing and Diversion Impacts Mr. Malnolfi has assisted in the development of HF&H's proprietary cost benefit model which evaluates the estimated costs and diversion potential of various programs as they apply to particular communities. Recently he assisted Central Contra Costa Solid Waste Authority in evaluating the costs and diversion impacts associated with implementing various organics programs to achieve compliance with anticipated SS 1383 legislation. Mr. Malnolfi has also assisted the County of Orange In estimating costs impacts of diverting organic materials through composting and anaerobic digestion. Section C: Understanding of Need Understanding of Scope of Work The City of Santa Ana's exclusive franchise agreement with Waste Management of Orange County for the collection and handling of solid waste generated within the City expires on June 30, 2020. The City is seeking the assistance of a qualified consulting firm to complete the following tasks: • Review City's Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element, and Non -Disposal Facilities Element • Review applicable laws related to solid waste, including the City's Integrated Waste Management Ordinance and Municipal Code • Participate in at least three City Council workshops and five City Council meetings • Collect community data on solid waste service levels through one or two surveys, questionnaires, and a minimum of five meetings with homeowners and/or business representatives • Facilitate the development of the Cities green policy and goals • Develop new service specifications based on the set of policies and goals to achieve compliance with all legislative mandates and maintain or improve existing service levels • Develop a request for proposals for the City of Santa Ana Solid Waste Management Services and a sample agreement, including up to three revisions of each document. RFP to establish requirements for a baseline program based on achieving compliance with state mandates, maintaining existing, and new specified service levels. Additionally, a menu of potential innovative and/or green service options, such as Zero Waste programming, shall be provided with the cost being identified individually and separate from the baseline proposal. • Assist in evaluation of proposals and firms April 4, 2018 Page 9 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 • Participate in up to five negotiation sessions with selected contractor(s) Prepare final franchise agreement, including up to three revisions Special Concerns HF&H desires to ensure a smooth and successful RFP process that can withstand challenges from unsuccessful proposers. For example, a recent RFP process in the City of Whittier managed by another consultant was challenged and the City rescinded the award. HF&H was subsequently retained in Whittier and tasked with negotiating new franchise agreements with two contractors. HF&H RFP processes have not been successfully challenged during over 30 competitive processes conducted by our Southern California office. One important feature of our process is to have the City Council adopt process Integrity guidelines limiting proposer contact to specific City -designated representatives during the proposal evaluation period. We also confirm in writing any unclear terms in the proposals and provide proposers an opportunity to confirm the accuracy of our representation of their proposal before finalizing the evaluation report. This helps to avoid misunderstandings or challenges later in the process. Anticipated Approach TASK 1: Facilitate Development of City's Green Policy and Goals Relative to Solid Waste and Recycling Subtask IA: Review Background Documents/Consult with City HF&H will meet with City Staff to further solicit Input on their current understanding of the City's goals and obtain relevant documents for review. After consultation with City Staff, HF&H will review the existing Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element, Non -Disposal Facilities Element, and applicable laws related to solid waste, Including the City's Integrated Waste Management Ordinance and Municipal Code, as prescribed. In addition we will review the current franchise agreement, tonnage and diversion reporting, recommendations to staff from previous consultants, and other relevant documents that we may obtain from the City in order to supplement our current understanding of the City's existing solid waste programs and service arrangements. Realizing the Council's desire for a paradigm shift toward innovative environmental programs, our focus during the review of these documents will be a qualitative review of pros and cons under the current system with an emphasis on potential enhancements and options for consideration by the City. HF&H will then prepare a discussion document for our kickoff workshop with the City Council that will include our understanding of trends in the solid waste industry, examples of policies implemented in other jurisdictions, and key resolutions that will affect the development of the City's green policy and goals. At this meeting HF&H will engage the City Council to further understand concerns, priorities or other relevant information that will help shape the City's environmental future. Our meeting document will facilitate an informed discussion of solid waste and recycling, including the latest trends in the industry, existing and upcoming relevant regulatory requirements, and other important developments, and, most importantly, how these items may impact the City and Its solid waste contracting needs. It is important the City have a realistic understanding of not only what is changing in the industry in general, but what is specifically available now and in the relevant future to the City of Santa Ana. April 4, 2018 Page 10 HF&H Consultants, LLC 60D-61 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 1B: Public Workshops and Meetings The City has requested attendance at up to five community meetings, which may include meetings with residents and stakeholders; we believe that It is imperative to engage these groups early in the process in order to understand their perspective and incorporate their priorities in the City's policy and goals. We will develop a strategy for meeting with various groups and finalize our strategy with City Staff prior to implementation. We will prepare a standard meeting agenda and presentation for these meetings, and provide meeting summaries for each meeting. Examples include the following: • Public Meetings. Public meetings are an effective forum for attracting the most invested members of the community. These meetings provide a great opportunity to engage a wide cross- section of parties that are effected. Engaging with business and apartment associations. Attending business, apartment association, and trade group and association meetings to seek input can be more effective than inviting stakeholders to public meetings because these associations draw their constituents together at their regularly scheduled meetings. During the City's policy planning process, we may use a graphic meeting facilitation method developed by The Grove Consultants International (The Grove). If desired by the City, we can use this technique for one or more meetings depending on the number of participants. The Groves' methods and Vision Planning SystemsTm toolset with are useful in engaging BlawAWSHSHIN Sun Mote zero Waste Man \ eASAl2irl0Af 0 OWN 0 rA1V514=K4PRWaXa bwnn'MOY n1.wls,�MFaY McNnNynWN , nn.try `�imo eca,n>.e a. tm:;%;.roma:" � viv,r:mi P�•n�+-'•s.m ,ru, ,My.urvpey,Ivs.m.rRnrws.l i aXMlWsri n,rtplL. � M�y(r�1+'N/.e/yy, �{p� y Y eu'wwu'Vw.um o rasm i uo PMUMrs taM1fPE7EVC{fS6,r •ONl1AIlON mgrs"Nd'a .. slr t stakeholders and organizing feedback. This approach would involve us facilitating a meeting where participants work together to complete one of The Groves' large-scale (4' by 8') wall graphic templates such as the "Context Map" to work through and document local conditions and context for the Plan; or the "Cover Story' to brainstorm about how the Study will be ultimately presented to the Council and public. These large-scale "maps" will be reduced to 11" by 17" format and can be used to brief others regarding the Plan and to serve as a reference throughout the development of the Plan. An example Big Wave Vision map prepared for the City of San Diego Is provided here. It is also important to note that we have several other methodologies for facilitating meetings, should the City desire a different approach; a representative sample of these methodologies are included below in the section labeled "HF&H Experience with Stakeholder Engagement and Outreach." Subtask 1C: Community Survey The City indicated an interest in surveying the community. During our initial meeting with City Council in Task 1, we will discuss an outreach plan, including groups to be targeted with the public workshops. At that time, we will discuss if and how surveys may play a role in the City's outreach. April 4, 2018 Page 11 HF&H Consultants, LLC 60D-62 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Properly worded and targeted questions are key to a successful survey. We have collected questionnaires completed at community meetings, as well as soliciting survey responses by mail or telephone polling, from cities including Inglewood, Lawndale, Newport Beach, Rancho Palos Verdes and Palm Springs. We have obtained response rates on mailings of up to 30%. Subtask 1D: City Council Workshop i HF&H will lead up to three workshops with the City Council to communicate findings obtained during Subtasks 1A through 1C and confirm Council priorities and issues. These meeting will serve as a forum for HF&H to introduce options for consideration for the City's green policy and goals while simultaneously receiving further Input and feedback from the City Council. Subtask 1E: Create Memorandum Outlining Green Policy and Goals Based on City Council direction, HF&H will prepare a concise memorandum outlining recommended policies and goals. This memorandum will assist in facilitation of the RFP process by providing a concise summation of the City's goals as well as recommended steps toward achieving these goals. Specific program costs will be obtained during the RFP process. Subtask 1F: Attend City Council Meeting HF&H will attend a City Council meeting where we anticipate that the City Council will vote on Implementation of the green policy and goals. Optional Subtask 1G: Develop Comprehensive Zero Waste Operations Strategic Pian As an alternative to developing the memorandum in Subtask D, HF&H will prepare a comprehensive strategic zero waste operations plan that includes: (i) background and context for selection of the recommended programs/policies that will support the City in achieving its diversion goals, (ii) a road map for implementing the programs/policies in terms of the timeline and funding methods, and (iii) serves as a resource for all stakeholders. We envision that the Plan will summarize the findings of the preceding tasks and will document the following items: • Current baseline conditions and programs/policies • The process for analyzing enhancements to the current system and for identifying and analyzing new programs and policies • The full Menu of options from which a short-list of options will be selected • Summary of the stakeholder/community participation process (including an attachment that documents comments received on the Draft Plan) • Implementation of the road map laying out a phased implementation approach and the timing thereof • Planning level cost impacts for significant programs ranked as low, medium and high cost impacts The Livermore High Diversion Plan is provided as a work sample in Attachment C. TASK 2: Provide Programming Recommendations to City Council Subtask 2A: Develop Program Recommendations HF&H will develop a list of programming recommendations to be included in the RFP based on the City's green policy and goals, as well as the input received during community meetings. April 4, 2018 Page 12 HF&H Consultants, LLC 60D-63 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 2B: Present Findings to City Council We will present our findings to the City Council for the Council to prioritize programs for inclusion in the RFP process. The City has expressed a desire to issue the RFP with required services as well as optional services, and this council workshop will serve as the Ideal forum for deciding which programs to include under each category. Based on our industry experience and proprietary databases we are able to identify the programs that will have a significant Impact on costs or waste diversion verses those that will have only minor Impacts. Subtask 2C: Update Program Selection Based on Council Direction HF&H will update the list of programming recommendations based on input from City Council obtained during Subtask 2B. Task 3 Prepare and Issue Reauest for Proposals Subtask 3A: Gather and Review Operating Data We will collect available data regarding the current services provided. We will prepare data collection forms to assist the City and/or contractor in providing additional information In a user- friendly format. It has been our experience that when proposers are confident about the accuracy of operating data contained in the RFP, they propose lower rates and include fewer contingency costs. Collecting data in this manner also may uncover additional issues, such as poor reporting or low program participation that will help shape the future policies, goals, and RFP. We will review the data gathered for overall reasonableness. Subtask 3B: Prepare Service Specifications, Draft RFP and Agreement Based on the information and direction received in prior tasks, we will prepare the draft RFP, draft the agreement, and criteria to be used in evaluating the proposals received. If the City desires, HF&H will use our exclusive BRAVO approach. ase Proposal '® equired lternatives S. Mptional Proposals April 4, 2018 The BRAVO approach divides services into three categories, base services, required alternatives, and optional proposals. Base services are services that will be required to be provided by the winning bidder should they be awarded the contract. Required alternatives are additional programs that proposers are required to propose on, but the service may not be incorporated by the City if the City determines the benefits outweigh the costs. Finally, the optional proposals allows the proposer to incorporate programs that they believe add value to the City that were not initially Included in the RFP scope. Page 13 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 3C: Review by the City Attorney and City Staff, Revise RFP and Agreement up to Three Times , We will submit the draft RFP and agreement to City staff and the City Attorney for review. After City staff has reviewed the documents and provided us with their written comments, we will confer with City staff and make appropriate revisions to these documents up to three times. The draft agreement are included in the RFP as attachments. The City Attorney is requested to make any changes directly to the documents in a strike -and -replace format. The City Attorney will be responsible for confirming that proposed city fees comply with applicable legal statutes such as Proposition 218 and 26. Subtask 3D: Attend City Council Meeting to Approve RFP Package HF&H will attend one City Council meeting at which the City Council will approve the RFP and draft agreement. We will assist City staff with the preparation and presentation of the RFP process and key contracting terms to be requested. Subtask 3E: Solicit Proposals Once the RFP and draft agreement have been approved by the City Council, they can be distributed to potential proposers. We can provide the City with a recommended list of potential proposers to whom the City may send the RFP. Alternatively, to avoid the time, expense and environmental impact of production and mailing of multiple copies of a large document, we recommend that HF&H or the City e-mail the RFP document to all potential proposers and the local waste haulers' association, and other interested parties, We can provide the City with a list of recipients for City records. By e -mailing the document, proposers are immediately notified of its availability, can immediately review the document to determine their level of interest without having to print it out, and can forward it to the appropriate parties within the firm immediately without having to print extra copies. As we regularly distribute our RFPs this way, we may have all or most of these key individuals already on our e-mail distribution list. Subtask3F: Prepare for and Conduct Proposers' Conference We will schedule, along with City staff, a proposers' conference to be conducted shortly after release of the RFP. Potential proposers will have an opportunity to receive clarification of any issues and ask questions at this conference. We will also accept written requests for clarification until a set deadline. We recommend that contact between proposers and the City be controlled and will suggest methods to do so, based on City staff and City Council's desired level of interaction with proposers. Subtask 3 G: Prepare Addenda We will prepare written responses to questions posed at the proposers' conference, or submitted in writing, and prepare any necessary addenda arising from issues posed at the proposers' conference. All questions and responses shall be made available to all proposers in attendance at the conference. TASK 4. Review and Evaluate Proposals Subtask 4A: Review Proposals for Completeness We will perform an initial review of each proposal submitted for compliance with the City s RFP requirements and consult with City staff regarding the handling of incomplete proposals. April 4, 2018 Page 14 HF&H Consultants, LLC 60D-65 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtaslc 4B: Evaluate Complete Proposals The specific criteria for which we evaluate the complete proposals will be developed using input received from City staff and the City Council. Based on our experience in other cities, we anticipate evaluating the proposals based on the following criteria: • Exceptions taken to the terms and conditions of the draft agreements; • Proposed total compensation (rate revenue), based on the rates included in the financial section of the proposal; • Experience of the proposers in providing the requested services In other jurisdictions, based on information contained in their proposals; • Financial resources of the proposers, based on information contained in their proposals; and, • Unique proposal features that exceed the RFP's minimum requirements. Subtask 4C: Evaluate Proposed Rates and Operating Assumptions, Perform Fiscal and Rate Analysis We will evaluate the proposed rates and rate revenue, supporting costs, number of route hours, diversion plans and other submitted operating assumptions for reasonableness. We will review each proposers' fiscal stability based on key financial ratlos, ability to provide required insurance and performance sureties, and the financial impact of the growth necessary to assume servicing these contracts. We will present the overall impact of the proposed rate revenue on the City and its rate payers, as well as noting the impact to rate payers at common service levels. It is important not to focus on just a few low rate categories, without determining whether other customers will be similarly impacted. Subtask 4D: Prepare Follow -Up Questions for Proposers After performing our initial review and evaluation, we will provide each proposer with our summary evaluation of the company's individual proposal in order to confirm our understanding of the information presented in the proposal. Subtask 4E: Review Responses and Clarify Unresolved Issues We will review responses received from proposers and resolve any open issues to help ensure that proposers are satisfied with the representation of their proposals. Subtask 4F: Interview Proposers At this stage in the process, usually one, two, or three proposals are more likely to be selected. Along with the City's evaluation team, we will interview up to three proposers, scheduling all interviews on one day. April 4, 2018 Page 15 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 4G: Contact References for Recommended Proposer We will contact references provided for the proposer to be recommended to the City Council for award of the agreement. We will summarize the results of the reference checks within the evaluation report. Subtask 4H: Prepare Draft Evaluation Report All proposals will receive a preliminary evaluation. A detailed evaluation is performed of the one or two proposals that appear to offer the most value for the services and costs proposed. Additionally, we will review the overall reasonableness of the operational and financial assumptions contained in the technical section of the proposals selected for detailed evaluation. After our evaluation is complete, we will provide the City with a report describing the evaluation results. Subtask 41: Review City Comments and Prepare Final Evaluation Report HF&H will review and incorporate City comments into the evaluation report and provide a final evaluation report. Subtask 4J: Attend City Council Meeting to Select Contractor for Negotiations HF&H will attend one City Council meeting at which the City Council will select the proposer(s) with whom the City would like to negotiate a franchise agreement. TASK 5: Negotiate With Top Ranked Contractors, and Prepare a New Agreement with Selected Contractor for City Council Approval Subtask SA: Prepare for and Participate in Negotiation Sessions HF&H will participate in negotiation sessions with one or more proposers, up to a total of four negotiation meetings. The fee estimate includes costs for up to four negotiation sessions. The City may prefer to negotiate with multiple proposers at this time, as multiple proposals may appear attractive prior to finalizing the agreement. Proposers are most cooperative when they are still in competition. After finalizing negotiations, we would then assist the City's evaluation team in its determination of a final selection. If the City desires to negotiate further with the final selection, we would assist in those negotiations as well. Subtask SB: Prepare Revised Portions of Agreement Based on the negotiations, we will make up to three sets of revisions to the final agreement negotiated with the selected proposer. The City can then make a decision based on clearly defined contract terms, verses general promises often made in proposals and during negotiations. Also, at award, neither the successful nor unsuccessful proposers can debate what was or was not the final offer to the City. April 4, 2018 Page 16 HF&H Consultants, LLC 60D-67 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask SC: Attend one City Council Meeting for Approval of Final Agreement We will attend the City Council meeting at which the final agreement is expected to be approved. The City Attorney or City Clerk will be responsible for obtaining signatures and completing attachments with the contractor such as bonds and insurance certificates. Section D: Relevant Project Experience and References We have included In this section a vignette of our experience, and relevant projects and references. Client testimonial letters are included as Attachment A at the end of our proposal while a list of clients Is included as Attachment B. Unsurpassed Experience - HF&H Recent Procurement Results The following chart presents 23 competitive contracting engagements completed In the last 5 years, and the results of those engagements. HF&H assisted these clients to enhance their solid waste services, obtain the lowest reasonable rates, and plan for their future solid waste management needs. In addition to these 23 procurements, HF&H has conducted several other procurements In the last 20 years out of our Southern California office with a cumulative $220 million savings to ratepayers (see Attachment D); most of these engagements also Included enhanced services, reimbursement of alt of the city's contacting costs, and/or Increased City revenue. HF&H Summary of Procurement Results in the Last 5 Years Jurisdicflo� Yea; Recommended -• Nevada County 2018 In -progress Castro Valley Sanitary District 2017 In -progress San Ramon 2017 In -progress Santa Cruz County—Organics 2017 In -progress Processing Town of Truckee (sole source negotiations) 2017 In -progress: Tahoe Truckee Sierra Disposal Pleasanton 2017 In -progress: Pleasanton Garbage Service Elk Grove (sole source negotiations) 2017 Republic Services Republic Services Milpitas 2017 Milpitas Sanitation Milpitas Sanitation Santa Cruz County- Collection 2017 Green Waste Recovery GreenWaste Recovery South Bayside Waste Management 2017 Recology Recology Authority (sole source negotiations) Palmdale Waste Management of Waste Management of 2017 California, Inc. California, Inc. (incumbent) (incumbent) Daly City 2015 Recology Republic Services Oakland Waste Management of 2015 Waste Management of Alameda Co. and Alameda Co. California Waste Solutions Union City—Solid waste and 2015 Republic Services Republic Services April 4, 2018 Page 17 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 organics franchise (sole source Contracting Method Diamond Bar Renegotiation negotiations) Competitive Inglewood Renegotiation and Competitive Union City—recyclingfranchise(sole Renegotiation Manhattan Beach Renegotiation and Competitive source negotiations) 2015 Tri -CED Tri -CED Huntington Park 2014 United Pacific Waste United Pacific Waste Central Contra Costa Solid Waste 2014 Republic Services Republic Services Authority Hayward (sole source negotiations) Waste Management of Waste Management of 2014 Alameda County Alameda County Sunnyvale MRF/TS—Operations Bay Bay Contract 2014 Counties Waste Counties Waste Services, Inc. Services, Inc. West Valley Solid Waste Authority West Valley Collection West Valley Collection (sole source negotiations) 2014 and Recycling and Recycling Golden Hills Community Services District 2013 J. Torres Co. J. Torres Co. Monterey Regional Waste Management District 2013 Green Waste Recovery Green Waste Recovery Newport Beach—Residential Only 2013 CR&Rlncorporated I CR&Rlncorporated HF&H Southern California Office Contracting Experience with Waste Management The following table highlights examples of HF&H's experience assisting Southern California jurisdictions in negotiating sole -source and competitively procured contracts with Waste Management as the incumbent service provider. HF&H Contracting Experience with Waste Management as Incumbent Service Provider ICity Contracting Method Diamond Bar Renegotiation Ranchos Palos Verdes Competitive Inglewood Renegotiation and Competitive La Quinta Renegotiation Manhattan Beach Renegotiation and Competitive Mission Viejo Competitive Orange Renegotiation and Competitive Palm Desert Competitive Lake Forest Competitive Santa Clarita Competitive Experience with Stakeholder Engagement and Outreach Having assisted numerous agencies with franchising -related projects in recent years, HF&H is very familiar with the questions and comments stakeholders typically have, and sensitivities that must be navigated. HF&H also understands the importance of transparency when facing a system redesign, and therefore appreciates that the City has identified stakeholder outreach as a key element of this project. HF&H has performed this sort of outreach a number of different April 4, 2018 Page 18 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 ways for many communities throughout the State. Depending on factors such as timing and the desired depth and range of outreach, there are trade-offs to consider, and as such, selecting a consultant with significant experience in this area is critical in designing an effective outreach plan. HF&H recognizes that real data from the public can be an invaluable resource in evaluating what franchising options will be best suited for the City. HF&H has performed surveying work for several agencies in recent years, and will build upon what we have learned to solicit, analyze, and report data from businesses and other stakeholders in Santa Ana. When we supported the City of San Jose with its analysis of commercial franchise options and then its transition from a non-exclusive franchise system to an exclusive commercial franchise system, we helped the City plan its public input process; developed a 20 -question survey to solicit Input from businesses about their recycling needs, service priorities, and cost of service; and, drafted a 70 - question survey for the City's 24 non-exclusive haulers to complete regarding the services provided and preferences regarding the future franchise system and policies. In 2014, HF&H used surveying and field assessment strategies to assist the City and County of Sacramento in better understanding how the current system was functioning, particularly how well commercial and multi -family customers were being served, and to aid City and County staff and elected officials in establishing a baseline from which to develop the future of the program. Most recently, in 2016, HF&H used a combination of online surveys and targeted public workshops specifically to engage commercial customers in San Diego County and the Town of Truckee. Nearly all of our outreach project descriptions below provide several examples of projects that highlight our experience engaging stakeholders and providing public outreach. Examples of HF&H Experience with Stakeholder Engagement and Outreach Slient d ProJect Title Engagement and s .. City of San Diego • 8 iterative stakeholder meetings Zero Waste Plan City of San Diego • Forming and working with solid waste advisory committee Long -Range Resource Management Plan County of San Diego • Online survey of commercial/residential customers High DiversionJZero Waste Strategic Plan • 6 public workshops Including 1 livestreaming meeting 0 1 commercial stakeholder workshop • 4 one-on-one hauler meetings and 1 haulerworkshop • 5 special interest group meetings City of Los Angeles • 8 stakeholder meetings with business, industry, Hauler Franchise Initiative environmental, and community groups City of San Jose • Online survey of commercial customers Commercial Solid Waste System Redesign • Development of a strategy for public meetings • 1 business association workshop • Facilitation of evaluation panel with commercial sector representatives City and County of Sacramento • Online survey of commercial /multi -family customers and Commercial System Review property managers • On-site observations at business/multi-family premises • 5 workshops with businesses, business associations, haulers April 4, 2018 Page 19 HF&H Consultants, LLC 60D-70 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Client d Project Title Engagement andO CalRecycle and Institute for Local • 3 public workshops Government • 1webinar High Diversion Rates and Compensation Workshops City of Mountain View . Online survey of commercial and residential customers Zero Waste Planning • 2 public workshops City of Milpitas • Online and phone survey of residential customers Procurement • 8 public meetings and Council workshops Castro Valley Sanitary District • Partnered with District communications and outreach Less -Than -Weekly Refuse Pilot specialist MRWMD • 11 City Council workshops/public meetings Procurement County of Alameda • Survey of residential customers Hauler Regulation System County of Santa Cruz • 4 public workshops regarding system design Franchise Procurement Town of Truckee • Online survey of commercial/residential customers New Franchise Procurement •1Commercial stakeholder workshop • 1 Town Council workshop • 2 homeowner association meetings County of San Joaquin • 1 hauler workshop Business Planning Assistance Golden Hills Community Services District • 1 Board workshop/Public meeting Competitive Procurement . 1 community workshop (on-site at senior facility) City of Redondo Beach • 13 public outreach meetings Competitive Procurement • Council District meetings Rancho Palos Verdes • Customer surveys Competitive Procurement • Stakeholder meetings City of Los Angeles • Stakeholder meetings Competitive Procurement Representative Projects and References Below is a representative sample of relevant projects completed by HF&H Consultants: City of San Diego Client Needs Zero Waste Strategic Plan (2012-2014) The City of San Diego (City) is an acknowledged leader in the management of solid waste and the municipal provision of service. HF&H completed a long tern solid waste options plan for the City's municipal residential collection, non-exclusive franchise commerical colletion, contracted post -collection processing services and municipal disposal services. April 4, 2018 Page 20 60D-71 Highlights: • Develop zero waste vision statement and Implementation • Eight iterative stakeholder meetings utilizing graphic facilitation methodology developed by the Grove Consultants International City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 With the election of a new Mayor, opportunities were created for San Diego to assume a leadership role in Zero Waste. Based on HF&H's knowledge of City operations and costs as well as its experience with Zero Waste planning throughout the State, the City selected HF&H to prepare the City's Zero Waste Pian. The plan has a goal of achieving 75% diversion by 2020 on its way toward Zero Waste in 2040. The City/HF&H team developed a three phase approach to assist the City in realizing their Zero Waste goals: • Assess current progress toward Zero Waste and develop strategies to achieve Zero Waste. • Develop consensus on specific actions to be taken and a sequence and schedule of program implementation. • Implementation and assistance. HF&H Solution The engagement commenced with the development, using graphic meeting facilitation techniques, of a consensus regarding the context, vision of and work plan for developing the Zero Waste plan. HF&H also performed the following key tasks with the City staff and incorporated stakeholder input: • Structuring the data collection and analysis of current conditions to document progress toward Zero Waste. • Surveying 18 leading Zero Waste communities nationwide for best practices. • Preparing a draft Zero Waste vision statement and resolution for approval by City Council. • Developing strategies for achieving Zero Waste. • Assisting in briefings and presentations to the Mayor and Council Members/Council Committee. City of Santa Monica Zero Waste Strategic Plan (2011-12) Client Needs In June 2009, the City of Santa Monica's City Council directed staff to develop a Zero Waste Plan to support and refine Santa Monica's current waste diversion operations. Santa Monica provides municipal solid waste collection services to the residential, multi -family and commercial sectors. Santa Monica is an acknowledged leader in the implementation of environmental programs. Santa Monica 2010 diversion rate was 68%. In 2011, Santa Monica released a competitive RFP to develop a Zero Waste Strategic Plan (Plan) identifying new policies, programs and infrastructure needs to surpass the 70% diversion goal established in their 2010 Sustainable City Plan. The Plan is also Intended to reduce GHG emissions while minimizing the financial and environmental costs of the existing solid waste system. Client Reference Ms. Kim Braun (Now with Culver City) (310) 253-6421 Highlights: • Four-phase zero waste plan • Develop alternative policies and programs through stakeholder engagement • Rate structure analysis April 4, 2018 Page 21 HF&H Consultants, LLC 60D-72 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Santa Monica selected the team of HDR Engineering and HF&H Consultants to prepare the Plan and to have HF&H tailor its proprietary Zero Waste/High Diversion Financial Model to Santa Monica. The HDR/HF&H team developed a four-phase approach to assist Santa Monica In realizing their Zero Waste goals: • Establish a baseline of Santa Monica's current diversion and disposal programs. • Formulate Santa Monica's Zero Waste guiding principles and establish milestones for achieving diversion goals and other environmental objectives. • Develop, through a stakeholder process, alternatives for Santa Monica's policy, programs and Infrastructure. • Develop a financial analysis and rate review model to be incorporated into the Plan. HF&H Solution Financial and Cost Analysis HF&H developed the financial, cost and rate structure analyses. HF&H performed a robust analysis of implementation costs associated with programs selected by Santa Monica staff following initial analysis. HF&H staff used our Zero Waste/High Diversion Financial Model to: calculate current program performance statistics; compare Santa Monica's program performance to other benchmarks; and estimate implementation costs, and diversion goals for selected programs. Rate Structure Analysis HF&H and Santa Monica determined which programs are logical to fund through customer rates and which programs should be funded through other sources. HF&H calculated the percentage Impact on customer rates for each of the selected programs, and modeled the rate impacts over the planning horizon in order to prioritize programs and schedule implementation to manage the associated rate impacts. HF&H was subsequently retained by Santa Monica to perform a rate study including an evaluation of the current rate structure and the impact of Zero Waste programs on customer rates under alternative kiructuresIPM1j City of Diamond Bar Contract Negotiations (2008 and 2016) Project Description Client Reference Waste Management provides exclusive residential solid waste collection services and Valley Vista Services provides exclusive Mr. Ryan McLean (909) 839-7016 commercial solid waste collection services in the City of Diamond Bar. In 2008, HF&H assisted the City in renegotiating the solid waste collection agreements with Waste Management Engagement Highlights and Valley Vista Services. These agreements include significant new diversion requirements and other contract terms. The City • Minimum hauler of Diamond Bar retained HF&H in 2009 and then again in 2016 diversion requirements to assist In renegotiating with their current haulers. • Implemented organics program HF&H Solution • Mixed waste processing of all bins and roll -offs April 4, 2018 Page 22 HF&H Consultants, LLC 60D-73 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 In 2008 and in 2016, HF&H assisted the City of Diamond Bar with the renegotiation and enhancement of their current agreements with Waste Management and Valley Vista Services. Agreement enhancements Included: • Mixed waste processing of all bin and roll -off customer waste under the commercial agreement. • Implementation of an organics program in compliance with the requirements of AB 1826, and associated rate adjustments (if applicable); • An updated rate adjustment methodology; • Increased construction and demolition debris diversion requirement; • Development of an attainable hauler -collected diversion requirement; • Requirements for the collection and safe disposal of household hazardous waste material from multi -family residents; and, • Implementation of a City fee to pay for school environmental assemblies and education. City of Whittier Contract Negotiations (2017) Project Description The City of Whittier contracts for exclusive solid waste collection services with Athens Services (Athens) and Republic Services (Republic). The existing interim agreements began July, 2016 and will expire October 31, 2016. Prior to implementation of the interim agreements, the City of Whittler's Public Works Department provided municipal solid waste collection in one exclusive area of the City, and Republic served another exclusive area. Following a competitive RFP process, the City awarded interim agreements to Republic and Athens, with Athens taking over the City's previous service area, and Republic continuing in the area it historically served. The City desired to negotiate new long-term solid waste agreements. HF&H Solution Client Reference Mr. David Schickling (562)567-9504 Engagement Highlights • Transient encampment clean-up • Porter service for downtown area provided by contractor HF&H worked with City staff and City Council Subcommittee to assist with the development and negotiation of long-term agreements with Athens Services and Republic Services. Agreement enhancements included: • A review of overall level of compensation, as measured by customer rate revenues and net contractor rate revenues; • Revised rate adjustment methodology; • Low emission vehicles; • Transient encampment clean-up; • Collection of bus shelter containers; • Household hazardous waste, composting and donation special events; and, • Refuse disposal requirement to use facility located within City. • Porter service for downtown area provided by contractor. April 4, 2018 Page 23 HF&H Consultants, LLC 60D-74 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 City of Newport Beach Competitive Contract Procurement (2013) Project Description City crews provided the City's residential collection services. Per the City's charter, the City may not charge most of its residents for refuse collection. Escalating City costs prompted the City to review many City -provided services. The City operates a transfer station, but only uses approximately half of the available capacity. The City retained HF&H to determine City costs that would be eliminated if the City were to privatize and to evaluate possible savings from outsourcing. We were subsequently retained to conduct a competitive RFP process for solid waste collection. HF&H Solution Client Reference Mr. David Kiff City Manager, Retired i Engagement Highlights • $16 million in cost savings • Implementation of automated cart and recycling collection • Enhanced services, including HHW HF&H determined the City's current costs of operations, and collection conducted a competitive procurement for services under two Minimum diversion collection scenarios: manual single stream collection and requirements automated two -cart collection of refuse and recyclables. also requested proposals to operate the City's transfer station to generate additional revenue for the City. The City privatized service and awarded a contract to CR&R Waste Services. City of Redondo Beach Competitive Solid Waste Contract Procurement (2011) Project Description and Contract Negotiation (in Progress) Client Reference The City's exclusive residential and commercial solid waste Mr. Jon Emerson, Retired agreement was expiring and the City retained HF&H to conduct a (310) 702-3098 (mobile) competitive procurement process for a new collection agreement. HF&H Solution HF&H assisted the City in conducting 13 public outreach meetings to enable the City Council to decide on future solid waste programs. HF&H drafted an RFP and agreement to address the City's concerns, soliciting long term disposal options and innovative diversion programs. The City received five quality proposals from solid waste companies. HF&H assisted the City in completing agreements with two of the proposers for Council consideration. The contract was awarded to Athens Services. We are currently assisting the City in negotiating an extension to their agreement. Engagement Highlights • 13 Public Outreach Meetings • 75% diversion of hauler -collected waste • Residential and Restaurant Food Waste programs • 6% reduction in rates April 4, 2018 Page 24 HF&H Consultants, LLC 60D-75 _City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 City of Inglewood Contact Negotiations/ Competitive Solid Waste Contract Procurement and Contract Management (2012 to 2018) Project Description In 2004, the City retained HF&H to negotiate an agreement that lowered rates, fixed residential increases for three years, and limited disposal cost increases. The City again retained HF&H in late 2011 to assist the City in obtaining a new agreement. The City wanted to offer the existing hauler an opportunity to negotiate an agreement, prior to the City seeking competitive proposals. However, time was limited. HF&H Solution HF&H entered negotiations with the current hauler, Waste Management, and presented the company's best offer within 60 days. The City opted to seek competitive proposals. HF&H then immediately drafted and released a Request for Proposals, including a draft agreement, in order to quickly obtain proposals Client Reference Ms. Angela Williams (310) 412-8722 Engagement Highlights • 100% increase in the diversion of hauler - collected waste • $5 million up -front City fee in time for a possible transition prior to expiration of the current contract extension. The agreement included requirements to improve diversion and service requirements, while meeting relevant funding needs. The contract was awarded to Republic Services. We were subsequently retained to assist in monitoring of the franchise hauler's performance. City of Palmdale Competitive Solid Waste Contract Procurement (2016-2017) Project Description In 2015, the City elected to not automatically extend the contract with Client Reference the exclusive residential and commercial solid waste hauler, Waste Mr. Ben Lucha Management. The existing agreement was also linked to a separate landfill host fee arrangement which would expire concurrently. The (661)267-5308 City needed a comprehensive, modern agreement tailored to the City's needs. The City also wanted to seek potential development of new solid waste facilities within the City. The City retained HF&H to conduct a competitive procurement process for a new collection agreement and potential partnerships with proposed or existing facilities. HF&H Solution HF&H assisted the City in determining the services and contract terms best suited to the City's needs, drafted a Request for Proposals, including the draft collection agreement, and managed the competitive RFP process, Including proposal evaluation and contract negotiations, April 4, 2018 Page 25 60D-76 Highlights • 35% diversion of hauler -collected waste • Soil voucher program • Increase in City funding • New organics processing facility within City • New host fee HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Project Results HF&H obtained two competitive proposals with enhanced services and increased City revenue, at a cost that Is less than or simllar to the current overall cost of services. The costs to the City associated with the procurement were reimbursed by the new contractor. The City obtained new contract terms including a guaranteed 35% diversion rate for hauler -collected solid waste by the fifth year of the contract, soil voucher program, optional residential cart -lock service, expanded bulky item pickup program, and an Increase in City revenue of approximately $480,000 per year. The City selected the incumbent hauler, who proposed to build an organics processing facility within the City limits. SCOPE OF SERVICES AND SCHEDULE Available Capacity The HF&H team members outlined In our proposal have the scheduled availability and capacity to complete the described tasks from this proposal within the timeframes listed below. Our firm has a proven track record for completing projects, exceeding expectations, and meeting deadlines. We further certify that we have the expertise, experience and understanding of the time and resources necessary to complete the tasks mentioned herein. April 4, 2018 Page 26 HF&H Consultants, LLC 60D-77 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 COMPETITIVE PROCUREMENT SCHEDULE" *Assumes start date by July 1, 2018 April 4, 2018 Page 27 HF&H Consultants, LLC �. 1 Activity i Party Tars et Date 1 Initiate project City, HF&H Month 1 2 Review existing documents, Identify key service Issues and meet with City staff HF&H Month 1 3 Def inescope of services and gather operating data City, HF&H Month 4 Develop Community Meeting plan/schedule City, HF&H Month 2 5 Review hauler operating data HF&H Month 6 Community Outreach and Public Workshops with City Council City, HF&H Months 3-5 7 Prepare memorandum outllning City's green policy and goals HF&H 6 8 Prepare RFP and draft agreement HF&H Months 6.7 9 Seek Input on agreement from City staff, Attorney and potential proposers All Month 8 10 Prepare revised RFP and draft agreement HF&H Month 9 11 Present RFP package to Council for approval, and distribute to proposers City, HF&H Month 10 12 Conduct pre -proposal conference City, HF&H Month 11 13 Prepare addenda HF&H Month 12 14 Submitproposals Proposers Month 13 15 Evaluate proposals City, HF&H Months 14-15 16 Contact references and finalize evaluation HF&H Month 16 17 Select contractors fornegotiations City Month 17 18 Conduct negotiations and resolve exceptions to agreement HF&H, City, Months 17-18 Proposer(s) 19 Present negotiated agreement to Council for approval Council Month 3.8 20 Orderequlpment, distribute educational materials, conduct Informational Contractor 6months meetings and prepare fortransition 21 Initiate roll-out of new service I Contractor I July 1, 2020 *Assumes start date by July 1, 2018 April 4, 2018 Page 27 HF&H Consultants, LLC �. 1 City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT A: April 4, 2018 CLIENT TESTIMONIAL LETTERS Page A-1 60D-79 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 .,it✓t cni ifannin March 29, 2043 To Whom R May Concern: HF&H Consultants has provided recycling and solid waste consulting services to the City of Livermore since 4997 on approximately 40 different projects. Since I joined tine City in 2013B, I have worked %VA h HF&H on a number of those projects, including: • Conducting a competi0ve RFP process in 2008 which resulted In several new programs and program enhancements that have facilitated significant improvements in the City's recycling and organics diversion overfhe past several years, • Analyzing the impacts on rates, diversion, and service levels resulting from the Implementation of a county -wide nkandatory recycling and composting ordinance, • A long-range strategic planning effort in 2042 to understand the policies, programs, facilities, funding, and outreach required to achieve the City's W/o Diversion Goal; and, • Supporting the City in analysis of some of file franchise hauler's compensation requests. I work with a number of different consultants on different types of projects and I have been Impressed with the quality of HF&H's team and their work_ I have found HF&H staff to be consistently proficient, knowledgeable, and accessible_ Their team engages all stakeholders, from City Councihnembers to haulers, In a professional and respectful manner. HF&H staff are always willing to fully explain DieIrfindingis and propose Innovative solutions. 1 would highly recommend their services. sincerely, lGt,2rs�'rQGI�`1- dudy Ertandscn Public Works Manager Rvbiia Wosba r]epniemeot 35DDRo➢rz�cen Puk Raui •L:osemosq CA 4}SSD }wrveitg>flivvmoze.nae April 4, 2018 Page A-2 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 IliA,tNhlll li�l nw,•. y :w° City of Diamond Bar 21814 Copley Drive. Diamond Bar, CA 91765.4178 (909) 839.7000. Fax(9091861.3117 w um.01amooa mCAgov April 4, 2018 Page A-3 HF&H Consultants, LLC L' 1�46 February 28, 2017 Lalih Ezzet, CMC Senior Vice President HF&H Consultants, LLC 19200 Von Kannart Avenue, Su€te 360 Irvine, CA 92612 Dear Lalth. On behalf of the City of Diamond Bar, I would like to convey my appreciation to you and the HF&H Team for providing professional and technical expertise during the successful contract negotiations with Waste Management and Valley Vista Services_ The negotiations were completed on time, within budget, and ultimately approved by the City Council well in advance of the agreement expiration. The City of Diamond Bar has utilized the services of HF&H on more than one Jimmy Lrn occasion, providing the community with robust services at competitive rates. The 't°O' recent negotiations solidified the work that was performed during the City's last Ruth M. Low negotiating period, but also included some notable enhancements: AfayorFroTem > No ratepayer Increases for Bre first year of the amended agreement Carol Herrera Continued Franchise and AS939 revenues. Counen Member' > Additional revenues for street sweeping services. NanWA. Lyons D New Organics programs Dial comply with AB 1826 requirements. CouncRAIWMer > Continuation of curbside HHW and bulky Item pickups. ^r Focus on accountability, including reporting and performance audits. Steve Tye Count Member This letter serves not only as a reference for your professionalism and high quality of work, but as confinnation that the HF&H Team provides results that ultimately benefit the City, its residents and businesses we serve. Thank you again for the opportunity to work with you and the HF&H Team. I am available to discuss specifics by phone at 909.839.7010 or by email at rmclean@diamondbarca.gov. Sincerely, RaMcLeeaann, Ass tont City Manager April 4, 2018 Page A-3 HF&H Consultants, LLC L' 1�46 City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 DIA@1U11'D BAR Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member April 4, 2018 August 11, 2009 City of Diamond 21825 Copley Drive. Diamond Par, CA 91765-4178 (909) 839-7600. Fax (909) 861-3117 www.Citiroftilaniondliar.com Mr, Leith Ezzcl Senior Vice President MAT Consultants, UC 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Dery Leith:. The City of Diamond Bar would like to extend Our gratitude for your professional assistance in acquiring exclusive solid waste./recycling services for the City's residential and commercial constituents. Staff was appreciative of your attentiveness to all aspects of the negotiation process and contribution in formulating the wasm..hauler contracts. The Mayor and City Council were very thankfiul for the guidance you provided os wall as Your thoroughness to all aspects of negotiations and development of both waste huller contracts. Through this rigorous process, the City was able to successfully negotiate new 8 -year agreements with its two current waste haulers, while obtaining new terms, enhanced services, and increased City revenue. Key enhancements include ilte following: • Collection vehicles powered by natural gas. • Waste Management's residential agreement includes an increase in diversion from 40"% to 45% of ilia solid waste collected. • All residents will be melded to door-to-door collection of Sharps and other household hazardous wastes at no additional charge. • Valley Vista's commercial agreement requires a substantial increase in diversion, from 8.5% to 25% of the solid waste collected, and inclncies the processing of all mixed waste to recoverreeyelables. • A minimum of 75% of the City's construction and demolition debris will be diverted. • The new agreements provide the City with enforcement mechanisms to help ensure that the new rcquiremenis are met, As a result, the existing City-wide diversion rate of 59% will further increase under the now agreements. • Residents will receive a rebate for revenues from recyclable material sales over a minimum per ton value. Our City has had the pleasure of utilizing your firm's solid waste services Page A-4 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 — .._: �-r r i .ggo� Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka coanci/Member Steve Tye Council Member April 4, 2018 City of Diamond 21625 Copley Drive . Diamond Bar,: CA 91765-4170 (909) 839-7000. Fax (909) 861-3117 w ,Cltyofbiamond6agcam on another occasion, but the expertise shown in accomplishing successhl negotiations with two waste haulers in pm' City was exceptional, Once again thank you for all your assistance. S cerely, esDoSwila o Cilyi4tanager Page A-5 HF&H Consultants, LLC City of Santa Ana Attachment A• Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Sz��t[tER Cyt, City of Whither 4 0 8 t= 13230 farm Street, WhIftDr, Ca9famis 80602-1772 .-0 (662)07.9500 October 2, 2017 Leith Ezzel, CMC SeniorVice President HF&H Consultants, LLC 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 Dear Leith: I would like to (hank you and your team for providing the technical expertise to finalize solid waste collection franchise agreements with Republic and Athens Services. As you know, the City had previously gone through a RFP process with another consulting firm in order to award a franchise agreement for the entire City. Going from a three -zone system with two private haulers and City crews to one private hauler for the entire City proved to be controversial. The RFP process ended in a referendum hailing the award of the franchise agreement. You and your team were tasked with negotiating long-term agreements with two haulers to service two separate City zones. Council's requirement to have the rate schedules In both, franchise agreements match added complexity to the negoli©8on process. You were able to accomplish this while also negotiating vakiable Improvements from previous agreements including: • An increased franchise fee • A fair price for the purchase of City -owned equipment by one of the haulers • A 50 -hour per week porter to maintain the Uplowrt commercial district • Free roll-out service for residents with disablltfles • 48 special clean ups per year from each hauler to include homeless encampment clean ups. Thank you again for your support and professional expertise during the negotlelion process. Pubile Works Manager, Vlckl Smith, and I are available to dl=ss the process by phone at 662,567.9500 or by email at dschlckting@cltyofwhittler.org or vsmith@cltyofwhittier.org. Sincerely, Davld Schlckling Director of Public Works April 4, 2018 Page A-6 HF&H Consultants, LLC �1 1� i A City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Anaheim DEPARTMENT OF PUBLIC WORKS Operations Division February 13, 2012 Mr. Leith E=t, CMC Sc Vice President HF&11- Consultants, LLC 19200 Von Karmen Ave. Suite 360 Irvine, CA 92612 Dear Laitb, Oil behalf of the City of Anaheim, I would like in thank youand your Team for the professional guidance and technical expertise you provided during our contract negotiations with Republic Serview. Your Team exhibited tremendous flexibility throughout the process and did a wonderful job facilitating the group negotiations and keeping us all on task. Based on the combined elTorts land completed staff work by City Staff & 7tF&H Toam, the City Council unanimously approved this unique nmendment to our existing Solid Waste Franchise Agreement. The amcndnncnt secured all annual Final. Fee and ono -thee infrastructure improvement payment to offset the impacts from the Material Recovery Facility owned and openued by Republic Services within Ilse City of Anaheim. Republic Services received a term extension in return. The amended terms were accomplished without any increases to the rate payers. In addition to maximizing the City's sustaivability and financial position, the amended franchise agreement also has the following key enhancements: 1. One -lime infrastructure improvement payment of S2.5M to repave the roads around the Material Recovery Facility. 2, Anaheim will continue to have the Lowest Rate Guarantee for comparable services amongst the current material recovery iaeility customors. 3. Franchisee will have a 5% cap on annual increases to the service component of the rates. 4. Guaranteed trash diversion win bo increased to meet new state recycling mandates. New regulation AR341 requb-es 75% statewide diversion by 2020. 5. Performance reviews will be tied to customer satisfaction survoys. 6. Free trash collection service at OCTA bits stops. 7. Free leash service at City fie! Iities and neighborhood clean-up programs. Please feel free to use our City as a reference for your quality and professional work. We could not have received these grant mulls without your assistance. Si icdm;ly, Dan DeBassio, P.L. 400 E.vomma Public Works Operations Manager Prv9ceim,atl.U929(15 TEL p141/856M FAX V14)ra58942 www.ena9dnvni April 4, 2018 Page A-7 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO,: 18-006 CITY OF NEWI'f,13T BEACH MUNICIPAL OPERATIONS DEPARTMENT Noveiuber 26, 2013 Mr, 1.aitfi Ezzet, CMC Sr. Vico- President HF&$ Consultants, LLC 19260 Von Karmen Ave; Suite 36o Irvine, CA 02612 Deet faith, On behalf of the city of Newport Beaoh,.I would like- to sincerely thank you and the enum HF&E Team fbr your professional assistance regarding the City's solid waste and recycling program. The daeision0a whether to contract with a private firm to replace our. in-fiouse City. staff for thecollection of residential solid waste was one of the most high, profile and -challenging decisions facing the city in many years. The work of the HF&H'Ieam included the following critical steps:in the process r • Conducted an in-depth assessment and cost analysis of the City's current in-house oolidwaste, recycling and transfer program. • provided professional assistance in drafting and administering the ReQueat:for Proposal aI .documents, as dhected by City.Council, to solicit competitive proposals to provide solid waste services for the City. • Completed athorough analysis of each proposal received 6y the City, prepared a dotafled.report with the information on each fink proposal, and presented this information to the City Council. • At City Council's direction, your firm completed a further analysis of the top three proposals from individual firms. This analysis included assisting with customer satisfaction surveys for each firm, extensive interviews and negotiations, r&RLMace checks and further coat analysis. ' • The RF,&H firm presented a comprehensive imal report to the City Council recommending a course of action that would reduce, overall costs and provide service enhancement$. On November 12, 2613, the City Council, based on the professional and thorough work completed by HF&H, awarded a contract to a private collection firm that is projected to save the City $M8M over the tam of the agreement, while providing additional services to the residents of our City, including a Household Hazardous waste Collection Program .and Curbside Bulk Item Collection Program, without the assistance of your Team, we would not have aehieved these positive results, we now look forward to working with HP&H during the transition period and monitoring the performance of the City's new collection firm during the first year of operation, Thank -you, Latin, for the tremendous support and great work that you andyour Team provided. sincerely, 4A+. // Mark Harmon Director of Operations Corporation Yard: 592 Superior Ave, Newport Beach, CA 92663 -Telephone: (949) 644-6055 Fox: (949) 650-0747 Utilities Yard 949 West 16th Sheet, Newport Beach, CA 92663 -Telephone: (949) 6443011 Face (949) 646-5204 Mailing Address: FO Hove 1768, Newport Bench, CA 926583915-wwty.neaporiheachcagov/murilcipaloperatiuns April 4, 2018 Page A-8 HF&H Consultants, LLC �� i • City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 April 4, 2018 PubWkworks Dsp•em nt MSNtsnancs DNislon January 24, 2011 C o 00Acx 631 North 0Mrvtl6Averas I Tsl•pho" 3103160888 wandoeon6h, Cr8rofnW 00771 Pox 3103744718 y ,odendo.ora Mr. Leith Ezzet Sr. Vice President HFBH Consultants, LLC 3990 Westerly Place, Suite 196 Newport Beach, CA 92660 Dear Leith, The City of Redondo Beach would like to thank you for your professional assistance in facilitating the process of procuring a new exclusive solid waste handling services franchise agreement. You and your staff exhibited tremendous flexibility In responding to the tasks requested by the City. You conducted nearly a dozen public meetings to determine a key program for the development of the City's RFP; agreed to re -draft an agreement for the RFP that was a hybrid of the City's current agreement and the Industry standard used by your Fltm whila waiving the costs of the undertaking to stay on budget; advised staff on intricate negotiations; and smoothly transitioned from the retirement of one director to the Introduction of another in the middle of the process. Additionally, you and your staff were constantly available for the multitude of questions we and the proposing haulers had during the process. Moreover, the RFP process was extremely successful. With your assistance the City received five quality proposals, and as a result, the rates provided by the City's new hauler are lower than all of the current rates. The programs Included In the new agreement will Increase the City's 66% waste diversion rate to 7676, making Redondo Beach one of the highest in the country. Additionally, our new franchise agreement requires the contractor to: • Provide new single-family carts for refuse and green waste services to each and every single family home. • Offer 96 gallon carts for refuse, recycling and green waste services in addition to 32 gallon and 64 gallon carts at no additional charge. . Collect Electronic Waste as part of the regular bulky item pickup program. Page A-9 �� i HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 • Guarantee a waste diversion rate of 75% by implementing a food waste diversion program in single family homes and restaurants and a service to capture additional recyclables by processing and recovering them from the single family, multlfamily and commercial refuse waste streams. • Conduct an annual "shred day" for all City residents and businesses to deliver paper for shredding while guaranteeing confidentiality and complete destruction and recycling of the documents. • Collect and dispose of City -generated hazardous waste on an unlimited basis and at no charge to the City. • Provide a route supervisor that shall be assigned exclusively to the City of Redondo Beach franchise agreement • Pay an annual $160,000 rebate to the City for recyclables Instead of sharing a percentage of proceeds from the sale of the recyclables. • Reimburse the City $250,000 annually for solid waste vehicle Impacts to City roads. + Provide rates that, on average, are 6% below current levels. Please feet free to use our City as a reference for your quality and professional work. We could not have received these great results without your assistance. Sincerely, Mike Witzansky, Public Works Director April 4, 2018 Page A-10 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Deceember 23, 2004 Mr. Laith Ezzet Senior Vice President Hilton, Famkopf and Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: The City of Inglewood would like to thank you and your firm, Hilton, Famkopf, & Hobson, for your professional assistance in helping the city proctor an exclusive provider contract for new and enhanced waste and recycling services. The new service will help the City improve its environmental prnfile by adding services and programs that will increase our diversion efforts in the preservation of our natural resources. It was rewarding to successfully navigate through such a long and complex process. Your dedicated and knowledgeable staff approached each aspect of the contract negotiations with the integrity and thoroughness we have come to admire and respect. Your guidance and expertise made this challenging process mutually beneficial for the City and it's constituents. Hilton, Fnnkopf, & Hobson's specialized knowledge in analyzing and assessing information as it related to waste services helped secure the City's largest contract for public services, while negotiating a 5 % overall cost reduction to obtain these services. On behalf of the Public Works staff of the City of Inglewood, I would like to again thank you for playing a key role in the City's successful acquisition of services that will ensure the City's environmental commitment for years to come. Sincerely, Thomas Coates Frrvironmenhd Services Administrator TC;bg April 4, 2018 Page A-11 HF&H Consultants, LLC Inglewood California 'r Public works Depodment ONE MANCMIER sOLUVARD I INGLEWOOD. CA- 503011 P.O. sox ELM 1 INGLEWOOD. CA 90312 Telephone (310( 4125333/ rax (310) d)2-5552 JERRY M. GNENS wmV.Cilyorng11Prdooctorg stIAD REIN Deputy C4yAdrtg9nletty Deputy Public '.'ons Mmlor RZEC wogs racatw Deceember 23, 2004 Mr. Laith Ezzet Senior Vice President Hilton, Famkopf and Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: The City of Inglewood would like to thank you and your firm, Hilton, Famkopf, & Hobson, for your professional assistance in helping the city proctor an exclusive provider contract for new and enhanced waste and recycling services. The new service will help the City improve its environmental prnfile by adding services and programs that will increase our diversion efforts in the preservation of our natural resources. It was rewarding to successfully navigate through such a long and complex process. Your dedicated and knowledgeable staff approached each aspect of the contract negotiations with the integrity and thoroughness we have come to admire and respect. Your guidance and expertise made this challenging process mutually beneficial for the City and it's constituents. Hilton, Fnnkopf, & Hobson's specialized knowledge in analyzing and assessing information as it related to waste services helped secure the City's largest contract for public services, while negotiating a 5 % overall cost reduction to obtain these services. On behalf of the Public Works staff of the City of Inglewood, I would like to again thank you for playing a key role in the City's successful acquisition of services that will ensure the City's environmental commitment for years to come. Sincerely, Thomas Coates Frrvironmenhd Services Administrator TC;bg April 4, 2018 Page A-11 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 CITY Or DRANCE C17Y ATTORitEV—j71.11744-ssao FAX (7141530.1161 July. 21, 3069 Wr. Luith E=a Ms.Y,isnTfcating Hilton Farnkiipl'& Hobson. Pommerov a,mer ona 3�0 WeytNrlyPl¢ce,Suite<19S Newjtuit. encli,CA' 42660,2h I Dear Luidtand Lisa: As'.,a follow up 'to my rv~CCnt C+Rtad.:I %VMtO to; formally note that if Was a plemine woriutigivittrydua6ain. A§w'Isthe case when m4worked together over IDyearsago,•yourfirm .pruviilcd ilie.Cityy, with (fie support and expertise to help the City achieve thc.goala the City CalmciI had laid out when if deefded lo conduct a request for proposal for solid waste management sorv'icv*. I don't think 1"cit going oat on a timVin-staring that the result of the RPI' pmcesN was butter than mosraf us; if not lit of'uy,'tmticilpaceti. ht pariiculur..l appreciate that you both raspanded:promptly. to guestions.lium City staff. Car City:Cotmcil was very Lagaged in the process and asked a lat'nf good questions and :with pour assistance, had those que5lions.onswered.in a timcly manner. A job well done: S' TD, a 'd Dc City AltomGy ORANGE CIVIC CENTER 366 B. CHAPMAN AVE. ORANGE. CA 65866 G •v��wmrt^yuo o�w April 4, 2018 Page A-12 HF&H Consultants, LLC Z I 1 City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 a CITY OF ORANGE PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION STREET DIVISION (7141744.5544 (714)502.6400 FAX: (714) 744-5573 FAX: (114) 532-0444 July 20, 2009 Mr. Lalih Ezzet, Senior Vice President HF&I-1, Consultants, LLC 3000 Westerly Place, Suite 195 Newport Beach, CA 02660.2311 Dear Mr. Ezzet TnArFIC DIVISION WATER DIVISION (714)744.040 (714)200-2475 FAX: V14) 744.5572 FAX: (714) 744.2970 The City of Orange Public Works Department would like to thank you for your professional assistance in guiding and facilitating our City in the process of securing a franchise for Integrated Solid Waste Management Services. We sincerely appreciate the scrutiny and focus that you and your team contributed toward the development of our multi-million dollar solid waste franchise. Throughout the process, HF&H's Integrity, diligence and thoroughness In reviewing proposals, negotiating and finalizing the agreament, propelled the franchise through to City Council approval. Essentially, when compared to the previous franchise, we are slated to save our residents and businesses $57,000,000 over the next B years. Should the City elect to extend the franchise to 12 years, the savings could potentially exceed $72,000,000, Without your contribution, this may not have been possible. HF81-1 has performed admirably for the City of Orange and we look forward to working with you again as our future need for your service arises, Siinjj"p/ccee''rely, J>fe0A Interim Public Works Director ORANGE CIVIC CENTER • 300 E. CHAPMAN AVENUE ORANGC, CA 02000 -Y ,Y,IYN,IGY,Itll+vxi April 4, 2018 Page A-13 HF&H Consultants, LLC 60D-91 City of Santa Ana Attachment A: talent Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 May 30, 2007 Laith Ezzet, Senior Vice President Hilton, Famkoph & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA92660.2311 Dear LaM, The City of El Centro would like to thank you for your expertise on solid waste issues, your connections in the industry that attracted qualified proposers, and your detailed understanding ofour community. It all came together to provide quality service to our residents. Hiring Hilton, Famkopf & Hobson resulted in significant financial rewards, from both the billing analysis you conducted as well as the new franchise agreement you helped us develop. Even though there has not been a rate increase in four years, City ofEI Centro residents will see only 2 °%increase in rates while the city win increase its revenue by nearly 27% as a result ofyour efforts. The integrity with which HF&H navigated the City through ibis process was above reproach. City council members, as you know, praised your work methods, thoroughness, and professionalism. Your work exceeded our expectations and will help the City take control of all aspects ofits waste hauling services. Sincerely,NI-I / /q~y� Terry Hagen, ,PE. Director of Public Wor]WCity Engineer Public Works Department 1275 Main Street, B1 Centra, CA 92243 (760) 337-4505 Fan 060) 337-3172 9¢etNv4trmw DY44v °91N bMw1YM1Yv M,YeFVJ]—HIXIItlu Vtlmgrvd Vlltll�Dl4vv W16v,¢pTs¢¢r pYW W,Y+T,ny¢I°Yiti 28N gBtd VC J°I ."9a,Aarw JW°4A MU I®D-IYpgiw LNGBukga Ip09AnJIN9w ➢hlvOGD1JQ AC°nn G]}Jtl HCoOry G3Ae A4rbq G➢I]Q 86wq U8]Q HCkrh4GDIl4 April 4, 2018 Page A-14 HF&H Consultants, LLC 60D-92 City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 DEPARTMENT OF PUBLICWORKS FLOOD CONTROL - CIMS - REGIONAL PARKS - SOLID WASTE - SURVEYOR - TRANSPORTATION SOLID WASTE MANAGEMENT DIVISION 222 Vr0811103pilallty Lane, Second Floor - San Bernardino, CA 92416.0017 (909) 386.0722 - Fax (909) 306-0786 March 29, 2001 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Piece, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP KEN A, MILLER Director of Public works GERRY NEWCOMBE Said Wade DNision Manager It is with great pleasure that I pause and write to thank you for the excellentjob you and your staff did In assisting the County of San Bernardino with its procurement of a solid waste system operations contractor, Our satisfaction with Hilton, Farnkopf & Hobson from previous engagements was surpassed by your performance throughout this year- long process that just reached its successful conclusion. Perhaps the most telling characterization of your firm's capability in managing complex procurement projects were the repeated accolades from members of the Board of Supervisors. These elected officials, on several occasions, expressed their complete satisfaction with the thoroughness and Integrity of the RFP process and complimented your ability to produce a well reasoned and easy to understand analysis. I join them in their assessment of your work, and would add that the smooth coordination between your staff and the Solid Waste Management Division staff added to the success of the final product. Thank you again for exceeding our expectations for this project and I look forward to working together in the future. Sincerely, i PMT Gerry Newc mbe Division Manager 60D-93 City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 7 DOROTHYaR KING ���LI RANDY1 i • �'�` * D ISO U U 1�LJ LlOTTAO.IARSFNS I N 16600 Civic Center Drive co„nn:.n.W W OeHilower, California 90706.5494 JOHN n nAen�on j 'kn„virc - (562) 604.14241 FAX: (562) 925.0660 1 � http:/hvww.hellOmveeorS RAYL SMITH cawcn memwr November 17. 2004 Mr. Leith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Eget The City of Bellflower wishes to thank you for the hard work provided by Hilton, Farnkopf & Hobson during the City's process to select a waste management services provider. The ten month process to make that selection was well coordinated and thoroughly administered. Yours and Lisa Keating's professionalism are especially noted In making the process so. The final selection of the provider produced an agreement that will be $1.4 million dollars a year less than the current exclusive agreement. Each component of the community, single family residential, multi -family properties and commercial accounts will realize a relief in rates and an increase in services. The City of Bellflower is very satisfied with the use of your firm for this process. We will not hesitate to consider Hilton, Farnkopf & Hobson for future waste management services related projects. Sincerely, p Brian R. Smith Assistant Director of Public Works April 4, 2018 Page A-16 HF&H Consultants, LLC ZL•� • City of Santa Ana Attachment A: Glent Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 THE CITY OF INDIM84-950 Eldorado Drive - Indian wells, CA 92210-7497 Tel: p!t4IILf7601346-0407 i WELLSit%ww+ilian-vlls.a s 1 9" C A L I F O R N I A July 9, 1997 Lalth Ezzet, Principal Hilton Farnkopf & Hobson Commercecenter One 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Leith: J-V-7.Vi I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste procurement process. Your expertise and professionalism were instrumental in bringing closure to a very long and at times tumultuous process. We could still be in negotiations today hadn't it been for your diplomatic tact and "goad guy° mentality. For your information and records, I have enclosed a copy of the final franchise agreement. Please feel free to share this document with other clients. Again, on behalf of the City of Indian Wells, thank you for a Job well done. Although our contract has now come to a close, I hope that you will stay in touch in the future. Sincerely. Troy4Butoff Assistthe City Manager Enclosure 0 to April 4, 2018 Page A-17 HF&H Consultants, LLC 60D-95 City of Santa Ana _Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid waste Consulting Services RFP NO.: 18-006 Of LAWN Uy O,p(m 14717 BURIN AVENUE • LIWNUALE, CALIFORNIA 90260 • (310)V70-2100 • FAX(370)644-4556 �anown April6, 1998 Mr. Leith Bizet Vice President Hilton Fernkopf & Hobson, LLC Commercent r One 3990 Westerly Place, Suite 195 Newport Beach, California 92660-2311 Dear Leith I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste franchise renewal. process. Your expertise and professional style was key to bringing an automated waste collection service to the City. Our City Council appreciated your innovative approach to consensus building including several key community based workshops. The City's transition from manual to automated service has been well received by our citizenry. Your willingness to assist us in negotiating a new vendor contract as well as a transition plan exceeded our expectation ofyour services as a consultant. Again, on behalf of the City ofLawndale, thank you for ajob well done. Sincerely, 3^'L� J i atter istant to the City Manager cc: Michael Sorg, City Manager April 4, 2018 Page A-18 HF&H Consultants, LLC L� • • of Santa Ana April 4, 2018 Attachment A: Client Testimonial Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 717 BURIN AVENUE • LAWNDALE, CALIFORNIA 90280 - (310) 970-2100 - FAX (310) 644AB56 2004 Re: Letter of Reference for Hilton Farnkopf & Hobson, LLC To Whom It May Concern This letter of reference describes the work performed by Hilton Famkopf & Hobson, LLC CTIF&H") on behalf of the City of Lawndale. HF&1I has provided solid waste consulting services to the City of Lawndalc since 1997. In 1997 and 2002,14r&H assisted the City in the preparation of two Requests for Proposals ("RFF) and franchise agreements for solid waste collection, curbside recycling and yard waste collection services. • During the first procurement process in 1997, the City's ratepayers saved approximately $130,000 in the first year and $651,000 over the contract term, an 11% decrease over prim rates. The RFP process in 2002 further lowered the City's first year costs by $171,000, resulting in savings of $1.2 million over the contract temr and a 16% decrease over prior rates. As a result of these procurement processes, the City also increased residential recycling and yard waste services, and improved the City's overall diversion pereenlage. • In 2002, HF&H assisted in the establishment of a commercial permit system to track commercial hauling activities in Lawndale, and. the revision of the City's solid waste ordnance to establish new AB 939 fees. Through pomit management activities performed by I-IF&H, the City has collected an additional $100,000 per year in AB 939 fees, and all nine haulers are up-to-date in their fee payments to the City. HF&H has also Provided assistance to the City by evaluating programs for implementation to increase the City%s diversion rate. These programs were included in a Plan of Correction developed under the guidance of HF&H wTiich was submitted and subsequently approved by the California Integrated Waste Management board. An important, contributing factor to our increased diversion rate and collection of fees is the residential contract and commercial permit program oversight performed b7 HF&H. 'through I-1F&H's procurement and negotiation assistance, and FIF&H s ongoingg assistance with AB 939 program implementation, contract and permit oversight, our City's residential diversion rate has increased from 16% in 2003 to 38% to -date. I would highly recommend the use TIF&I-I's services to any city needing assistance with solid waste collection and diversion activities. If there are have any questions, I can be reached at (310) 973-3200. Sincerely, r Acting Ci y Imager Hrt[m.1T1rH U, MMNIa Page A-19 60D-97 HF&H Consultants, LLC November 20, 2001 Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Public Works Deparnamil 3621 Bell Avemm Manlwaan Beach, CA 90266-4795 Telephone (310)$02.5300 PAX (310)546.1752 LaithEzzet, Senior Vice President Hilton, Parnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: I would like to commend you and your staff for the technical expertise that you and your firm brought to our current solid waste contract procurement process. It has been dentin us that your experience with many similar procurements has turned what we believed would be a very difficult process into a. process that seems much more routine. Also, your experience and guidance were essential in convincing the City Council that the process you proposed would be objective, fair and well reasoned. I look forward to working with you to complete this complex procurement project. Sincerely, Neil Miller Director of Public Works Cily opManhattan Beech Web Site: hnplhrnw.cianvihalmn-Ornch.u�.us April 4, 2018 Page A-20 HF&H Consultants, LLC �' 1� 0 i City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 October 12,2000 Iaith Bzzet, Senior Vice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. I fully understand why other cities and our City Attorney, from Richards, Watson & Gershon highly recommended Hilton, Famkopr & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for proposal, participating in all of the Council subcommittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very posit) ve. You did an outstanding job in Mission Viejo and i will continue to speak highly of die team of professionals at Hilton, Farnkupf & Hobson to my counterparts in other cities. Thunk you! Sincerely, ,I Karen E. Wylie Assistant to the City M 1 ger 25909 Pala - Suite 200 - Mission Viejo, California 9MI bury/www.ci.micsioo-viejocaus 13 949/4703051 FAX 9125594386 April 4, 2018 Page A-21 HF&H Consultants, LLC Stwri M.9a(lafieW City Mission Ala}nr S. Draynaft 1lt ®f Viejo Vgin . au6 C.4w Mento Office of the City Manager Jolm Ped "JP."Ledeena oa„rot Amwp • Susan Wiliam Cmnro1 Akmla cndel l'. ]mph Car N ww October 12,2000 Iaith Bzzet, Senior Vice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. I fully understand why other cities and our City Attorney, from Richards, Watson & Gershon highly recommended Hilton, Famkopr & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for proposal, participating in all of the Council subcommittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very posit) ve. You did an outstanding job in Mission Viejo and i will continue to speak highly of die team of professionals at Hilton, Farnkupf & Hobson to my counterparts in other cities. Thunk you! Sincerely, ,I Karen E. Wylie Assistant to the City M 1 ger 25909 Pala - Suite 200 - Mission Viejo, California 9MI bury/www.ci.micsioo-viejocaus 13 949/4703051 FAX 9125594386 April 4, 2018 Page A-21 HF&H Consultants, LLC Clty of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Santa Clarita 23920 Valenda Shea. Phone SUED 300 (6511 253 2480 Santa clan to Fax CelitorNa 819532190 (661)25gAalo Webs1:: VMY...& RI"a,iW MR, December S. 2003 Mr. Laidt Ezzet Senior Vice President Hilton Farnkopf & Hobson, .LLC 3990 Westerly Place, Sidle 195 Newport, CA 92660.2311 Dear Mr. Ezzec 1 would like to thank you again for your assistance with the City of Santa Clarita's Request for Proposals (RFP) for the collection of residential and commercial solid waste. YourAssisnmcewasanintegralpartintheCityobtainingexemplaryresidential and commercial services, We asked for a large number of services from our haulers, while requesting that they decrease our rates. Although the City asked for many services, many of which are not common in our region, you and Lisa Keating wets able to prepare excellent franchise agreements that required the haulers to strictly adhere to the City's needs and desires. To make things better, even with the excellent franchise agreements, you and Lisa were also able to acquire City services beyond what was requested, while at the same time significantly lowering rates for both residents and local businesses. Thank you for ussi ring us in obtaining these great agreements. We are eagerly awaiting the commencement of our new services and programs as a result of this RFP, Sincerely, Chris Dasid Director of Field Services CD:TL:BAL:cf S:IFIELDSV(:SEN\'SR¢CSSOLW0.5T'_!FIiANCFI1NtFWIi37 Rea L-nccd. PflIN(E9 aH nECYfIEa PaPEa April 4, 2018 Page A-22 HF&H Consultants, LLC 60D-100 City of Santa Ana Attachment A: Client Testimonlal Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Mayor Neil C. Blain Mayor Pro. Tempore Jerry Holloway Comull Members L. Anthony Beall Gary Thompson James M Thor Ciy. Manager D. Jorow TA14.1710. April 4, 2018 CITY OF RANCHO SANTA MARGARITA May 7, 2004 Mr. Laith Ezzet, Sr. Vice President Hilton, Fatnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA .92660-2311 Dear Leith; The City of Rancho Santa Margarita would like to thank you -for your professional assistance in helping our City procure exclusive solid wastelrecycling services for our residential and commercial constituents, The year-long process was marked with integrity and thoroughness. Even those applicants not awarded the contact spoke highly of the fairness of the process. At the end of the process the City will be passing through savings of approximately $8 million dollars over the 10 -year contract, which is a 27% savings to the residents and businesses of Rancho Santa Margarita. - Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely, . aures art, Ph.D. City Manager cc: T. Wheeler, City Engineer 30211 Avenida do las nanderas, Suite 101 - nancho Santa Margarita - California 92688 Phone: (949) 635-1800 - Fax! (949) 635-1840 - v .dlyofrsm.arg Page A-23 60D-101 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ���• wEsr No«�ood CM HAIL a3w S1WAMown8L". Wesrrlaax'"%CA 9M-6216 1�,- (323) 848.6-375 Mr. (323) MWM December 1, 2003 9PORTATION Mr. Lalth Ezzet, Senior Vice President AND PURUIC Hilton, Farnkopf & Hobson WORKS 3990 Westerly Place, Suite 195 Newport Beach, CA 92600-2311 Dear Laith: The City of West Hollywood would like to thank you for your professional assistance in helping our city procure exclusive solid wastelrecyclirig services for our residential and commercial constituents. The year-long process was marked with Integrity and thoroughness. Even those applicants not awarded the contract spoke highly of the fairness of the process, Our mayor and city council members also commented on the process by which they could easily review pertinent criteria and compare each proposal to match the city's needs. At the and of the process the City will be passing through savings to its constituents of almost $9 million dollars over the 8 year contract. We have Increased the recycling services markedly and are embarking on a truly innovative food diversion program. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary In its execution. Thank you again. Sincerely, / Jan Har oLUrh(-✓vim/ Jan Harmon Environmental Programs Specialist S aron Pe I to 62 -' City Engineer wWw.wcho.org April 4, 2018 Page A-24 HF&H Consultants, LLC 60D-102 City of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT B: CLIENT LIST April 4, 2018 Page B-1 HF&H Consultants, LLC 60D-103 City of Santa Ana Attachment B• Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Aerojet General Corporation City of Chula Vista Alameda County Clean Water Program City of Clovis Alameda County Waste Management City of Compton Authority City of Corte Madera Alameda County Water District City of Cotati Alameda Joint Refuse Rate Review City of Covina Committee City of Cudahy Alameda Solid Waste Advisory Committee City of Cupertino Amador Water Agency City of Daly City Bay Area Water Supply & Conservation City of Dana Point Agency City of Davis Bear Creek Valley Sanitary City of Del Mar Bold, Polisner, Maddow City of Diamond Bar Brown, Vence & Associates, Inc. City of Downey Bryan A. Stirrat & Associates City of Dublin California Water Service Company City of East Palo Alto Carmichael Water District City of EI Centro Castro Valley Sanitary District City of EI Cerrito Central Contra Costa Sanitary District City of EI Monte Central Contra Costa Solid Waste Authority City of Elk Grove Costa Mesa Sanitary District City of Emeryville City of Adelanto City of Encinitas City of Alameda City of Eugene City of Albany City of Fair Oaks City of Aliso Viejo City of Fairfield City of Anaheim City of Fairfield City of Arcadia City of Fillmore City of Ashland City of Florence City of Atherton City of Folsom City of Atwater City of Fort Bragg City of Azusa City of Fort Collins, CO City of Barstow City of Fortuna City of Bellflower City of Foster City City of Belmont City of Fremont City of Belvedere City of Fresno City of Benicia City of Fullerton City of Beverly Hills City of Garden Grove City of Brentwood City of Gilroy City of Burbank City of Glendale, Arizona City of Burlingame City of Glendale, California City of Calabasas City of Glendora City of Camarillo City of Goodyear City of Campbell City of Gridley City of Canyon Lake City of Guadalupe City of Carlsbad City of Hawthorne City of Carpinteria City of Hayward City of Carson City of Healdsburg City of Carson City, Nevada City of Hercules City of Cerritos City of Hesperia City of Chandler April 4, 2018 Page B-1 HF&H Consultants, LLC 60D-104 City of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Town of Hillsborough City of Newport Beach City of Hollywood City of Newport, OR City of Imperial Beach City of Northridge City of Indian Wells City of Oakland Public Works Agency City of Indio City of Ogden, LIT City of Inglewood Town of Old Sacramento City of Irvine City of Ojai City of Kensington City of Orange City of La Canada-Flintridge City of Oxnard City of La Habra City of Pacifica City of La Palma City of Palm Desert City of La Puente City of Palm Springs City of La Quinta City of Palmdale City of La Verne City of Palo Alto City of Santa Ana Town of Paradise City of Laguna Niguel City of Pasadena City of Lake Forest City of Paso Robles City of Lancaster City of Peoria, AZ City of Lathrop City of Petaluma City of Lawndale City of Piedmont City of Lincoln City of Pinole City of Litchfield Park, Arizona City of Pleasanton City of Livermore City of Pomona City of Lodi City of Port Hueneme City of Long Beach City of Portland City of Los Altos City of Portola Valley Town of Los Altos Hills City of Poway City of Los Angeles City of Rancho Palos Verdes City of Los Banos City of Rancho Santa Margarita Town of Los Gatos City of Redondo Beach City of Lynwood City of Redwood City City of Manhattan Beach City of Rio Vista City of Manteca City of Riverside City of Martinez City of Rohnert Park City of Menlo Park City of Roseville City of Mesa Consolidated City of Sacramento City of Mill Valley City of Saginaw City of Millbrae Town of San Anselmo City of Milpitas City of San Bernardino City of Mission Viejo City of San Bruno City of Modesto City of San Buenaventura City of Monrovia City of San Carlos City of Montclair City of San Clemente City of Monte Sereno City of San Diego City of Monterey Park City & County of San Francisco City of Morgan Hill City of San Jose City of Mountain View City of San Juan Capistrano City of Murrieta City of San Leandro City of Napa City of San Luis Obispo City of Newark City of San Mateo April 4, 2018 Page B-2 HF&H Consultants, LLC 60D-105 Cily of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of San Rafael County of Mendocino City of San Ramon County of Merced City of Sandy County of Mono City of Sanger County of North San Diego City of Santa Ana County of Riverside City of Santa Barbara County of Sacramento City of Santa Clarita County of San Bernardino City of Santa Cruz County of San Luis Obispo City of Santa Monica County of San Mateo City of Santa Paula County of Santa Barbara City of Santa Rosa County of Sutter City of Santee County of Tulare City of Seattle County of Ventura City of Sebastopol County of Yolo City of Sedona, AZ David M. Griffith & Associates City of Selma Delta Diablo Sanitation District City of South Gate East Bay Municipal Utilities District City of South San Francisco East Palo Alto Sanitation District City of Sunnyvale Fairfield -Suisun Sewer District City of Temecula Fred Hutchinson Cancer Research Center City of Thousand Oaks Fremont Unified School District Town of Tiburon Glenn County Public Works City of Torrance Greater Vancouver Water District City of Tustin Groveland Community Services District City of Union City Hanson, Bridgett, Marcus, Vlahos & Rudy City of Upland Humboldt Waste Management Authority City of Vallejo Integrated Waste Management & Recycling City of Vancouver, WA Josephine County/Grants Pass SWA City of Vernon Kensington Police Protection City of Visalia Lake County / City Area Planning Council City of Walnut Creek Lane County Waste Management City of Watsonville Las Gallinas Valley Sanitary District City of West Hollywood Los Angeles County Sanitation District City of West Linn, OR Los Trancos County Water District City of Whittier Lukins Brothers Water Company Town of Windsor Malaga County Water District City of Winters Marin County Community Development City of Woodland Agency City of Yountville McCutchen Doyle Brown & Emersen, LLP Citygate Associates Metropolitan Water District Clackamas County Morrison & Foerster Coachella Valley Association of Mountain View Sanitary District Governments North American Development Bank Contra Costa Water District North Coast County Water District County of EI Dorado Novato Sanitary District County of Humboldt Oiivenhain Municipal Water District County of Kern Orange County County of Los Angeles Orange County/City Mans SW Working County of Marin Group County of Mariposa Oro Loma Sanitary District April 4, 2018 Page 13-3 HF&H Consultants, LLC 60D-106 City of Santa Ana Attachment B: Client Ust Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Placer County Water Agency Riverside County Waste Resources Management District Ross Valley Sanitary District RTI International San Francisquito Creek JPA San Gabriel Valley Council of Governments San Juan Water District Sanitary District No. 5 of Marin County Santa Clara Valley Water District Santa Margarita Water District Sausalito -Marin City Sanitary District Scotts Valley Water District SCS Engineers Sharon Heights Golf & Country Club Silicon Valley Animal Control Authority Somach, Simmons and Dunn South Bayside Waste Management Authority South County Fire South EI Monte Joint Defense Group Southeast Water Coalition JPA Stanislaus County SWANA Tamalpais Community Services District The State Bar of California Tri -City Waste Management Union Sanitary District Veterans Home Administration Waste Management of Los Angeles West Bay Sanitary District West Contra Costa Integrated Waste Management West Valley Cities SWPM West Valley Sanitary Waste Management West Valley Solid Waste Management Authority Western Municipal Water District Western Riverside Council of Government April 4, 2018 Page 6-4 HF&H Consultants, LLC 60D-107 City of Santa Ana Attachment C: City of Livermore High Diversion Plan Request for Proposals (RFP) for Solld Waste Consulting Services RFP NO.: 18-006 ATTACHMENT C: CITY OF LIVERMORE HIGH DIVERSION PLAN VOLUMINOUS ATTACHMENT AVAILABLE SEPARATELY ON FILE WITH PUBLIC WORKS AGENCY April 4, 2018 Page C-1 HF&H Consultants, LLC 60D-108 City of Santa Ana Attachment D: HF&H Southern California Office Competitive Procurement Savings to Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18.006 ATTACHMENT D: HF&H SOUTHERN CALIFORNIA OFFICE COMPETITIVE PROCUREMENT SAVINGS TO RATEPAYERS (1) Over teen of contract (2) Net or onc,flnne cost benefits, which resukln an overal 44% cost salts. (3) Net of one-5me upfront fees, April 4, 2013 Page D-1 HF&H Consultants, LLC 60D-109 , ic,t New .,Value.:_ t ate Orange 2009 4 8 years $139.768,000 $82,752,000 $57,016,000 41% Tustin 2000 8 7 years $42,392,000 $25,011.000 $17,381,000 41% Rlvarslde — Commercial 2001 6 7 years $97,506,000 $64,354,000 $33,152,01)] 34% Santa Giants — Residential 2003 6 7 years $100,204,000 $70,409,000 $29,795,000 30% Newport Beach - Residential(') 2013 7 7 years $35,595,000 $25,562,000 $10.033.000 28% Rancho Santa Margarita 2004 5 8 years $28,704,000 $20,864,000 $7,840,000 27% Bellflower 2004 5 8 years $49,688.000 $38.400,000 $11,288,000 23% Lake Forest 1996 5 7 years $29,500,000 $22,800,000 $6,700,000 23% Rancho Palos Verdes 2009 7 7 years $36,466,000 $28.357,000 $8,109,000 22% Lawndale 2010 7 7 years $23.849,000 $18,841,000 $5,008,000 21% West Hollywood 2003 9 8 years $42,376,000 $33,512,000 $8,864,000 21% Pico Rivera 2012 8 7 years $48,489,000 $36,451.000 $10,038,000 21% Huntington Park 2014 10 8 years $50,470,000 $40.146,000 $10,324,000 20% Riverside — ResIderdial 2001 7 7 years $20,272.000 $16,793.000, $3,472,000 17% Lawndale - Residential 2002 5 7 years $7.546,000 $6.349,000 $1,197,000 16% Santa Clarita - Commercial 2003 6 9 years $39.256,000 $34,099,000 $5,157,000 13% Palm Desert 2000 6 7 years $40,252,000 $40,553.000 $5,699,000 12% Mission Viejo 2000 5 8 years $54,784,000 $48.395,000 $6,389,000 12% Lawndele - Residential 1997 5 5 years $6,127.000 $5.476,000 $651.000 11% Redondo Beach 2011 6 8 years $48,112,000 $45,064,000 $3,048.000 6% Rancho Palos Verdes 1999 7 7 years $22.034,000 $20,647,000 $1,387,000 6% Palmdale 2017 2 8 years $142.688,000 $136.04,000. $6,584,000 6% Imperial Beach 1999 4 7 years $13.692,000 $13,153,000 $639,000 4% Manhattan Beach 2002 7 7 years $22,400,000 $21,800,000 $600,000 3% nglewoad'3 2012 3 10 years $99,510,000 $103.534,000 ($4,024,000) 4% Hermosa Beach 2012 4 8 years $18,416,000 $19,256.000 ($840,000) -5% Manhattan Beach 2011 4 7 years $24,187.000 $27,088,000 ($2.901,000) -12% El Centro 2007 4 8 years $34,209,000 $39,134.000 ($4,925,000) .14% ITOTAL S1.324.492.000 $1,066,904,000 (1) Over teen of contract (2) Net or onc,flnne cost benefits, which resukln an overal 44% cost salts. (3) Net of one-5me upfront fees, April 4, 2013 Page D-1 HF&H Consultants, LLC 60D-109 EXHIBIT B City of Santa Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 HF&H Consultants, LLC Fee Estimate to Provide Solid Waste Consulting Services Solid Waste Agreement Competitive Procurement Fee Estimate We will perform the scope of work for the competitive procurement based on time and materials. The estimated total budget Is $184,000. Our actual costs could be higher or lower than this amount, depending on the complexity of the City's contracting process, the number of proposals to be evaluated, the number of negotiation sessions required, and other factors that cannot be precisely estimated in advance. In most of the competitive procurements we have conducted for other cities, the successful contractor is required to reimburse the City for Its consulting costs. The proposed workplan includes preparation of an integrated residential and commercial RFP, gathering operating data, conducting community outreach, soliciting proposals, conducting a pre -proposal conference, evaluating up to six proposals, participating in up to four negotiation sessions, and finalizing an agreement with one proposer. Should more than six proposals be submitted, we estimate that the budget will Increase by $5,500 per proposal. If agreements are finalized with more than one proposer, our cost will increase by $6,000 for each additional agreement. This budget does not include the cost of mass printing and distribution of surveys which, if required, are to be sent by the City. The budget includes the following meetings: five community meetings, three City Council workshops and five City Council meetings. The workplan on the next page itemizes hours by task and staff classification. Hours may be shifted among tasks and staff. This budget does not include costs for optional subtask 1G (Comprehensive' Zero Waste Operations Plan); should the City wish to include such a plan, the scope, budget and timeframe will need to be carefully considered and further discussed with the City to ensure the process accurately reflects City goals. For reference, a comprehensive zero waste plan for the City of Santa Monica was budgeted at $150,000, while the City of San Diego budgeted $150,000- $225,000. Some other communities have prepared less detailed "template" plans for around $50,000. May 4, 2018 Page 1 HF&H Consultants, LLC 60D-110 Ci!y of Santa Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 Solld Waste Agreement Competitive Procurement Workplan Task DescriptionSr. Vic. Sr. Project Manager 9 Da92flhidBuCltyis £oilectfon NEetls President A. Initlate project 1 Review existing documents and prepare for kickoff meeting 2 8 10 2 Develop meallng document and meet with City staff 4 B 4 16 3 Prepare Project Plan 4 8 12 B. Prepare for and participate In up to 6 community meetings 20 20 40 C. Assist City collecting community data through slxveys and meetings 4 4 8 16 D. Prepare for and perticlpete In three City Council workshops 18 18 6 42 E. Create memorandum outlining green policy and goals 4 2 20 26 F. City Council meeting to coMml green policy and goats (CC Mtg 41 ) 5 5 1 0 vorml Task -fees not Included In cost estimate G. Optlorml Subtask: Development of comprehensive zero waste operations plan 61 73 38 172 Subtotal: Task 1 Hours Ptti¢i{ld�tarrh,7.ei)tFrllrltelF3fFE4ttn.._,4tkF�Y�Aulr7it A. Develop program reocmmendatlore� 2 4 8 tl 14 B. Couial meeting to present and discuss program recommendations (CC Mig #2) 5 5 10 C. Update program selection based on Council dlrectlon 2 2 4 9 11 8 28 Subtotal: Task 2 Hours :3lrFk9patssnr77s§ps:.1€4�!1�5��Br'BrdFfl�afsW' r , ,x ,� Satre a �. X ` l .., :,, A Gather and review operating data y,.�,� � •^''_ 4 +1+�,w fu 2 :�' �S ,.x^ 20 z '`.w 28 B. Prepare service specifications, draft RFP and agreement 16 24 80 120 C. Revise documents up to three tines after review by City Attorney, other City staff, and potential proposers 12 20 20 62 D. Attend Cmmcil meeting to approve RFP package (CC Mtg #3) 5 5 10 E. Solicit proposals 1 2 3 F. Prepare for and attend proposers' conference 2 4 6 G. Prepare addenda 4 8 2 14 40 63 102 205 Subtotal: Task Hours A. Review proposals for completeness 0 6 B. Evaluate complete proposals (marJmun of six) 18 24 60 102 C. Evaluate proposed rates and operaling assumptions a 2 24 34 D. Prepare follow-up quasthns for proposers 6 8 8 22 E. Review responses and clergy unresolved Issues 4 B B 20 F. Interview proposers 8 8 16 G. Contact references for recommended proposer 1 2 6 11 F. Prepare draft evaluation report 16 ?4 16 56 I. Review City comments and prepare final evnduatlon report 4 6 2 12 J. Attend City Cou cll meeting to select contractor for negotiators (CC Kits 04) 5 5 - 10 70 93 126 289 Subtotal: Task 4 Hours .S.NBOSatd.Fk7al AgneemeMaodPie 'reg Nu:wAgrOdhlant ' A. Prepare for and participate In up to fou negotlatkg sessions 24 - 32 56 B. Prepare revised portions of Agreement (up to 3 revisions) 12 24 36 C. Attend Council meeting for approval of final agreement (CC Mtg #5) 5 5 - 10 41 61 102 Subtotal: Task 5 Hours Total Hours 221 301 274 796 Hourly Rate $ 279 $ 245 $ 175 Subtotal $ 61,659 $ 73,745 $ 47,950 $ 183,354 Expenses $ 646 Total Fees and Expenses- $ 184,000 " Excludes Optional Task 1G: Development of Comprehensive Zero Waste Operations Strategic Plan May 4, 2018 Page 2 HF&H Consultants, LLC 60D-111 City of Santa Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 Hourly Rates Hourly rates through December 31, 2018 for professional and administrative personnel are listed below. Rates will adjust each January 1 by the change in the Consumer Price Index Position Senior Vice President/President Senior Project Manager Senior Associate Associate Analyst Assistant Analyst Administrative Staff Expenses will be billed as follows (not-to-exeed $646) Automobile Travel Document Reproduction (over 20 pages/run) Facsimile, Telephone Postage, Overnight Mail and Couriers Rate* $279 $245 $175 to $195 $125 to $160 $115 $95 Prevailing IRS mileage rate 15 cents per page (black & white) 75 cents per page (color) No charge Actual May 4, 2018 Page 3 HF&H Consultants, LLC 60D-112 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: PUBLIC HEARING —APPROVE THE FISCAL YEAR 2018 — 2019 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (STRATEGIC PLAN NOS. 2,2; 2,4; 5,4; 5,6) .1� CIN MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the Fiscal Year 2018 - 2019 Community Development Block Grant Program in the amount of $5,816,959 from the United States Department of Housing and Urban Development. 2. Review and select option below regarding funding for the public service organizations: A. Award funds to all the organizations as recommended by the Community Redevelopment and Housing Commission in the amounts identified below in Recommended Action # 3; B. Reallocate and award different amounts to the organizations recommended by the Community Redevelopment and Housing Commission in the Recommended Action # 3, up to the maximum total of $872,543. C. Award funds to other nonprofit organization(s) from Exhibit 2 and reduce the award amounts and/or eliminate nonprofit organization(s) to ensure maximum total of all public service awards do not exceed $872,543. D. Alternative actions as may be discussed. 3. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit organizations awarded funds as part of the approved Community Development Block Grant Program for term beginning July 1, 2018 through June 30, 2019, subject to funding non -substantive changes approved by the City Manager and City Attorney. 75A-1 Public Hearing - Fiscal Year 2018 — 2019 CDBG Program May 15, 2018 Page 2 City Department Award Community Development Agency - Administration of the CDBG Program. Proposed funding amount calculated based off 20% admin cap less Fair Housing amount. Funds are also $ 2,174,076 used to make award grants of up to $5,000 to eligible microenterprise businesses in the City. No MOU necessary.) Parks, Recreation and Community Services Agency - Neighborhood park $921,227 im rovements. $ 66,654 Public Works Agency - Residential street improvements. $ 921,228 Planning and Building Agency - To address property maintenance and life safety $ 865,644 violations which contribute to the visual blight and general decline of an area. Fair Housing Organization Award Orange County Fair Housing Council Inc. — Provides fairhousing education, landlord tenant counseling and enforcement services to combat housing discrimination and city $ 62,241 administrative support for the residents of the City of Santa Ana. A commitment to further fair housing is a requirement of CDBG funding. Public Service Organizations Award Delhi Center — Teens Engaged in Learning and Leadership Program $ 66,654 Delhi Center — Family Economic Success Initiative Program $ 87,873 OC Children's Therapeutic Arts Center - After school Arts, Tutoring, Family $ 62,750 Counseling, and Parenting Classes ALBI - Skill enrichment, self-expression, stress relief and socialization through various arts $ 68,758 activities The Illumination Foundation - Children's Resource Center forhomeless and at -risk $ 51,061 children and youth Legal Aid Society of Orange County - Free legal assistance to help expunge $ 46,479 criminal records Project Access, Inc. - Equips low-income youth, adults, and seniors with wraparound $ 39,372 support services Public Law Center — Affordable Housing & Homelessness Prevention Program $ 38,923 Nati's House Neutral Ground — Summer Night Lights Program $ 54,658 Taller San Jose Hope Builders - Hard skills training in business administration and life $ 51,660 skills Young Men's Christian Association of Orange County — Financial assistance $ 40,420 for Santa Ana Sorts & Aquatics programs and Santa Ana After School programs The Cambodian Family — Program to assist low-income youth and parents from $ 47,602 immigrant families to thrive in the areas of academics, leadership and parenting skills Community Health Initiative of Orange County - Provides outreach, $ 40,420 education, enrollment, and case management services to vulnerable populations Legal Aid Society of Orange County - Provides free, holistic legal assistance to $ 42,313 survivors of domestic violence WISEPlace - Housing, trauma -informed care and wrap-around services for homeless $ 41,020 women Nati's House (dba Neutral Ground) — After school programming and mentoring $ 55,007 Public Law Center — Consumer & Community Organizations Legal Assistance Project $ 37,573 Note: The public service organizations and the amounts are subject to change pending Recommended Action 2 above. 75A-2 Public Hearing - Fiscal Year 2018 — 2019 CDBG Program May 15, 2018 Page 3 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting on March 28, 2018, the Community Redevelopment and Housing Commission recommended approval of the nonprofit public services for the Fiscal Year 2018 - 2019 Community Development Block Grant Program to the City Council by a vote of 4:0 (Cano, Santana absent). DISCUSSION The City of Santa Ana receives an annual allocation of Community Development Block Grant (CDBG) Program funds from the United States Department of Housing and Urban Development (HUD) to improve low to moderate -income neighborhoods, eliminate blight and create a more stable economic base. These funds may be used for a diverse range of programs including affordable housing, street improvements, park and public facilities improvements, economic development, code enforcement and public services. The City's CDBG allocation for Grant Year (GY) 2018, Fiscal Year (FY) 2018 - 2019, is $5,816,959. The proposed FY 2018 - 2019 CDBG Program and Funding Plan consists of the Community Redevelopment and Housing Commission's (CRHC) funding recommendations for nonprofit public service programs and staffs funding recommendations for Administration and Planning, Code Enforcement, Economic Development, City Capital Improvements, and Housing. The CDBG Program and Funding Plan can be summarized in two general categories: Capital Projects/CDBG Program Funding Plan and Public Services. A summary of the process and allocation for the FY 2018 - 2019 CDBG Program is provided below for both general categories. Capital Projects/CDBG Program Funding Plan: The FY 2018 - 2019 CDBG Program Funding Plan includes the funding allocations for administration, fair housing, nonprofit public services, code enforcement in low- to moderate - income areas of the city to address health and safety violations, economic development to provide small business grants, residential street improvements, park improvements, multi -family rehabilitation loans, single-family rehabilitation loans, and homebuyer down payment assistance loans as described in the CDBG FY 2018 — 2019 Program Summaries (Exhibit 1). The CDBG allowable cap of 20 percent for administration and fair housing services is estimated to be $1,163,391 for FY 2018 - 2019. Administration is necessary for staffing, compliance, reporting, fiscal management, and monitoring of the entire program. Fair housing is necessary due to CDBG requirements that the City affirmatively further fair housing. The programs and projects have been determined to be of highest priority and need by the Executive Directors of the Parks, Recreation and Community Services Agency, Public Works Agency, Planning and Building Agency and Community Development Agency following the City's internal application process and the competitive public service allocation process described below. Public Services: A maximum of 15 percent of CDBG funding ($872,543 for FY 2018 — 2019) may be used for public services. For FY 2018 - 2019, the City is providing the entire estimated public service allocation to nonprofit organizations for programs with an emphasis on crime prevention, 75A-3 Public Hearing - Fiscal Year 2018 — 2019 CDBG Program May 15, 2018 Page 4 intervention, and/or suppression for children, youth, and families (Exhibit 2). A new subcategory of funding was also made available for a Summer Night Lights Pilot Program. Following approval by City Council on December 19, 2017, the City solicited applications from nonprofit organizations from January 9, 2018 to February 5, 2018. Marketing of the CDBG application process and nonprofit outreach efforts included a press release, use of social media (via the City's Facebook page), e-mails to a nonprofit organization distribution list, mailings to nonprofits, and a dedicated CDBG webpage. In addition, four CDBG training workshops were conducted to inform nonprofit organizations of the federal and local grant requirements. A total of 35 applications were received from 29 nonprofit organizations (five nonprofit organizations submitted multiple applications). Three nonprofit organizations applied for the Summer Night Lights Pilot Program. The applications were submitted to the Community Redevelopment and Housing Commissioners for review and rating based on the following criteria: Criteria Max Points Community Need (Max. 35 Points) • How well does the program align with a City of Santa Ana strategic plan goal AND meet the requirement of a program with an emphasis on crime prevention, intervention, and/or suppression efforts for children, youth and/or families? 15 • If other similar services are provided, how does this application complement or fill an existing gap? 5 • Does this program serve a Neighborhood Initiative residential area that has been adversely affected by disinvestment and decline? 10 • Has the applicant demonstrated a need for the proposed program in Santa Ana? 5 Experience (Max. 20 Points) • Does the organization have experience in providing the proposed service? 10 • Does the applicant have experience administering CDBG or any other Federal grants? 10 Capacity to Provide Service (Max. 25 Points) • Will the program benefit Santa Ana residents? If the program is outside of Santa Ana, did the organization explain how Santa Ana residents will be served? 5 • Does the program have benchmarks for success? Does the applicant have a means of measuring performance, qualitatively and quantitatively? 10 • Does the organization have the personnel qualified to provide the service and administer the rant? 10 Effective & Efficient Use of Funds (Max. 20 Points) 75A-4 Public Hearing - Fiscal Year 2018 — 2019 CDBG Program May 15, 2018 Page 5 • Does the cost per client appear reasonable when compared to 10 similar programs? • How many people will be served with CDBG funds; are a majority 5 from Santa Ana? • Does the application clearly identify how the grant funding will be 5 spent? TOTAL POINTS 100 Representatives from each organization were invited to present their proposed public service programs for funding consideration at two Community Redevelopment and Housing Commission public hearings on February 28, 2018 and March 1, 2018 held from 3:OOPM to 7:OOPM on both days. At the special CRHC meeting on March 28, 2018, Commissioners finalized the funding recommendations provided in Exhibit 2. The recommended funding amounts for the nonprofit organizations equals $872,543, with the exclusion of the Orange County Fair Housing Council, which is recommended to be funded out of program administration, as in previous years, as permitted by CDBG regulations. A brief summary of all 35 applications are shown in Exhibit 3. The Community Redevelopment and Housing Commission, acting with guidance from City staff, made substantial improvements to the Community Development Block Grant review process this year for our nonprofit allocation in order to strengthen the process. With $872,543 in grants being allocated, it was critical for the Commission to allow each organization ample time to present their programs. Last year the applicants made presentations to the CRHC in City Council chambers, and were given three minutes each to present. This year, the site was moved to the Ross Annex, which allowed for a more open, informal format, where presenters could more easily interact with the Commission. Additionally, each organization was allotted seven minutes each to present their program to the Commission, versus three minutes last year. They were also allowed to provide a PowerPoint presentation. A five minute follow up was then added to allow Commissioners the opportunity to ask questions of each organization. In total the presentations were held for nearly nine hours combined. The improvements this year were in addition to the on-line scoring process implemented last year, where each Commissioner applied a score to 12 questions that cover 34 key areas of each on-line application. After combining the scores from all six Commissioners, extensive deliberation was held at a follow-up meeting to ensure a balance between funding as many organizations as possible with sufficient funding to complete their objectives. Following this extremely thorough review process, the Commission is recommending funding for a total of 17 programs for consideration by the City Council. Next Steps: With the approval of the FY 2018 — 2019 CDBG Program and Funding Plan, staff will prepare and execute memorandums of understanding with various city departments (Exhibit 4) and agreements with nonprofit organizations (Exhibit 5) for the period of July 1, 2018 through June 30, 2019. All of the projects and programs are eligible for CDBG funding and are in alignment with the City's Five -Year Consolidated Plan, Strategic Plan and Capital Improvement Program. 75A-5 Public Hearing - Fiscal Year 2018 - 2019 CDBG Program May 15, 2018 Page 6 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet: • Goal # 1 - Community Safety, Objective #6 (Enhance Public Safety integration, communications and community outreach), Strategy F (The Santa Ana Police Department will collaborate with the Orange County Probation Department, Orange County Healthcare Agency caseworkers, business community, and associated non-profit organizations to assist in re-entry of recently released offenders into the community); • Goal # 2 - Youth, Education, Recreation, Objective #2 (Expand youth programing), Strategy A (Focus resources on quality youth engagement, enrichment and education programs through community center, libraries and after-school programs during out-of- school hours), and Strategy B (Expand the youth sports program so that youth recreational opportunities are established year-round); • Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy D (Implement new Neighborhood Improvement Initiatives focusing on residential areas that have been adversely affected by disinvestment and decline. Program and services from a variety of resources will be utilized to achieve positive and sustainable improvements), and Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy C (Integrate a variety of health and wellness programs into existing programming at each of the city's community/recreation centers). FISCAL IMPACT Funds will be budgeted and available in the Community Development Block Grant account (nos. 13518780, 13518782, and 13518783) upon execution of a grant agreement between the City and HUD and adoption of the FY 2018-19 annual budget. It is anticipated that the CDBG allocation will be expended as follows: Grant Year Program Account No. Anticipated Expenditure in FY Amount 2018 Administration 13518780 -various 2018-2019 $1,163,391 2018 Housing 13518782 -various 2018-2019 $1,000,000 2018 Projects 13518783 -various 2018-2019 $3,653,568 TOTAL: $5,816,959 4 Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: r- ��`(l� Aft . ems+ Francisco Gutierrez ,•I� Executive Director ( X' Finance and Management Services Agency 75A-6 Public Hearing - Fiscal Year 2018 — 2019 CDBG Program May 15, 2018 Page 7 Exhibits: 1. CDBG Funding Plan 2. CRHC Public Service Recommendations 3. Brief Summary of all Nonprofit Applications 4. City Departments Memorandum of Understanding 5. Nonprofit CDBG Agreement 6. Original Staff Report from May 1, 2018 City Council Meeting http://santaana.qranicus.com/MetaViewer.phP?view id=2&clip id=1842&meta id=64368 75A-7 75A-8 yf'�rSErb�4F') PROGRAM ADMINISTRATION & PLANNING Administration and Planning Fair Housing CODE ENFORCEMENT Community Preservation Code Enforcement Community Preservation Legal Services ECONOMIC DEVELOPMENT New Business Start -Up NONPROFIT PUBLIC SERVICES Delhi Center (Teens Engaged in Learning and Leadership) Delhi Center (Family Economic Success Initiative) OC Children's Therapeutic Arts Center ALBI The Illumination Foundation Legal Aid Society of OC (Clean Slate Project) Project Access, Inc. Public Law Center Net's House dba Neutral Ground (Summer Night Lights) Taller San Jose Hope Builders Young Men's Christian Association of Orange County The Cambodian Family Community Health Initiative Orange County Legal Aid Society of OC (Domestic Violence Prevention Project) WISEPlace Nati's House (dba Neutral Ground) Public Law Center America on Track Big Brothers Big Sisters of OC Boys 8 Gids Club of Santa Ana Santa Ana Unidos $ 792,635 $ 60,050 70,068 56,679 77,290 42,870 35,038 51,321 52,390 40,809 37,099 52,557 58,740 37,924 61,832 57,968 2,126,131 $ 74,104 95,976 75,000 74,250 75,000 63,568 50,000 50,000 75,000 75,000 75,000 80,000 60,000 47,103 55,000 75,000 50,000 75,000 45,000 75,000 872,543 66,654 87,873 62,750 68,758 51,061 46,479 39,372 38,923 54,658 51,660 40,420 47,602 40,420 42,313 41,020 55,007 37,573 CITY CAPITAL IMPROVEMENTS APPROVED 2,159,295 REQUESTED RECOMMENDED $ FY 17-18 Park Improvements FY 18-19 FY 18-19 $ 1,056,847 $ 1,056,847 $ 1,163,391 $ 992,706 $ 992,706 1,101,150 921,228 64,141 $ 64,141 62,241 $ 815,644 $ 815,644 $ 815,644 1,030,534 765,664 1,000,000 765,664 765,664 Single Family Rehab -City 49,980 515,266 49,980 49,980 $ 72,926 $ 72,926 $ 72,926 $ 72,926 $ 72,926 72,926 $ 792,635 $ 60,050 70,068 56,679 77,290 42,870 35,038 51,321 52,390 40,809 37,099 52,557 58,740 37,924 61,832 57,968 2,126,131 $ 74,104 95,976 75,000 74,250 75,000 63,568 50,000 50,000 75,000 75,000 75,000 80,000 60,000 47,103 55,000 75,000 50,000 75,000 45,000 75,000 872,543 66,654 87,873 62,750 68,758 51,061 46,479 39,372 38,923 54,658 51,660 40,420 47,602 40,420 42,313 41,020 55,007 37,573 CITY CAPITAL IMPROVEMENTS $ 2,159,295 $ 1,969,900 $ 1,692,455 Park Improvements $ 1,055,338 $ 875,000 $ 921,227 Residential Street Improvements $ 1,055,338 $ 1,044,900 $ 921,228 Neighborhood Sponsored Improvements $ 48,619 $ 50,000 $ 50,000 HOUSING $ 1,030,534 $ 1,000,000 $ 1,000,000 Single Family Rehab -City $ 515,266 $ 650,000 $ 650,000 Multi Family Rehab $ 309,161 $ 150,000 $ 150,000 Homebuyer Down Payment Assistance $ 206,107 $ 200,000 $ 200,000 TOTAL $ 5,927,881 $ 7,041,448 $ 5,816,959 CDBGALLOCATION CDBG ANTICIPATED PROGRAM INCOME CDBG RE -ALLOCATION -AVAILABLE $ $ $ 5,284,239 252,000 391,642 $ $ $ 5,284,239 - - $ $ $ 5,816,959 - - SURPLUS/(DEFICIT) $ - $ (1,757,209) $ - ADMINISTRATION CAP 20% OF ALLOCATION $ 1,056,847 $ 1,056,847 $ 1,163,391 ADMINISTRATION PROPOSED $ 1,056,847 $ 1,056,847 $ 1,163,391 SURPLUS/(DEFICIT) $ - $ - $ - PUBLIC SERVICE CAP 15% OF ALLOCATION $ 792,635 $ 792,635 $ " 872,543 PUBLIC SERVICE PROPOSED $ 792,635 $ 2,126,131 $ 872,543 SURPLUS/(DEFICIT) $ - $ (1,333,496) $ - 'updated 513/2018 75A-9 EXHIBIT 1 wT O N a c m E N c E rn Ea 00 O a 0 d o C m UdU LLJ� 75A-10 Co E C O N U L m N m m m c a E m O m U L — E m E a� E m v d E o m o o 0 a U L a N a) = N C N 00 0 O m N C .0 N O O - N m O N 0 O O O C lL d o N C � N C O w C d�m0 Ec a N LL a C Ol d d m a V m O1 5 `o E m o p a m c L U -0 m c m C c m y 0 C O c C a C C O L >�E�� E c � m a� d U oU E? 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O m a D O a O d N O) a C O N L C N N 0 m c d � c a N m N N N N > O N d O C O m a d m en i� U N ` N O p U C tl c N o T.� N U N E C U O B c0 > > nL m o y N U > Lm N N t C O H U C > N wT O N a c m E N c E rn Ea 00 O a 0 d o C m UdU LLJ� 75A-10 N.+.T. LG 5 E m o m 00 0 3 c a N N �u C � N C a C Ol � U � r L6 3 r L � C U O N N OJ C N N c d � a m N N N N O U > m E E v m o y N N O a N O T t O m O o E _ � a 0 o m o C N N N L C N - m N N N O m >O m ° E m U C m o O V m L C O H O V V C �a clm d in z co c I •l0 Q � C � C - E U U o. 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E d E N N o_¢ E'c O N L S N N n f0 C Y 'O_ C z m .3 , o 0 c E_ Ldmcd cU °Uoo c` -Zii UL EO a .Lom E N E o$N N o >cmE 0 O O CLamnT . ` pO O ¢ N E �o �C Nn om C=E m E '=m amEN Y m 0 0 w> U U m n c o 0 o 0 aOi mE L O .UCO Q —_ N N Y E2 £3 d o m E LE c N C d 0p 0N ZNd mO d OO" jO A'LOi O N O E2 �Ll - f f Ncli Oy iEa o iLoc ymic�yooWd j i a`0 00 a m w-oo N 7 N N (fl CO CSO N 40'J N N N N L6 Ld N M O O O O O O O O O Z Z Z Z Z Z Z Z Z D U hO m N C— C c U N O T E r O O U N O o C7 1.5 O g c= U E 'c o co o (D m w mc w O C c �p U W rnsa -d 'c N m a� E E m I6 N Z Z O O L N U¢ O L f0 O= O C NN 0 F= } r U U J O z Z d U L N O E 0 O N 0 J U f6 O) O C O (U ry E O Ol d N a U E O_To S Z ¢ C N '0 _T O C N 0 NC d C (7 N -E i0 U EE `o� E N R N E U Mn c ai L° m 0 m Mn > > 0 O E O U (9 0 0` N N 0� vi C/)m }¢ as U¢ cn>a in z coUo¢ 75A-14 m X W CRHC Nonprofit Funding Recommendations - CDBG FY 2018.19 CRHC Organization Name Applicant CRHC Initial CRHC Final Evaluation Program Requested Recommended Recommended Score Funding Funding Funding 92.50%Delhi Center - $ 74,104 $ 68,021`'$ 66,654 Teens Engaged in teamingand Leadership .... - 92.17% Delhi Center- $ 95,976 $ 83,070 $ 87,873 Family Economic Success MRiative. 90.60% OC Children's Therapeutic Arts Center - $ 75,000 $ 69,000$ 62,750 Crime Prevention and Intervention Program for Willard Middle School & Neighborhood 88:33°/ ALBI- $' 74,250 $ 71;292 $ 68,758 Active Learning Believe and Inspire 88.00% The Illumination Foundation- $ 75,000 $ 56,000 $ 51,061 Children's Resource Center 86.33% Legal Aid Society of Orange County- $ 63,568 $ 50,904 $ 46,479 Clean Slate Project 86.00% Project Access, Inc.- '$ 50,000 $ 43,000 $ 39,372 Economic Empowerment and Family Support Program 85.83% Public Law Center- 50,000 $ 42,500 '$ 38,923 Affordable Housing& Homelessness Prevention Pro ram 8517% Nati's House Neutral Ground - $; 75,000. $ 60,600 $ 54,658 Summer Night Lights 85.00% Taller San Jose Hope Builders - -' $ 75,000 $ 56,667 $ 51,660 Business A lications ' 85.00%• Young Men's Christian Association of Orange .County - $ 75,000 $ 44;167 $ 40,420 YMCA Financial Assistance Pm ram - Santa Ana Programs - 84,33% The Cambodian Family- $� 80,000 $ 50,000 $ 47,602 Plan Ahead Youth Program ° 84:17/ Community Health Jnitiative of Orange County - $, 60,000 $ 44;167 $ 40,420 CommunityHealth Access.Pre rsm 84'.17% Legal Aid Society of Orange County :=; $ 47;103 $ 41 667 $ 42,313 Santa Ana Domestic Violence Prevention. Project, 83.67% - • WISEPlace- $ 55,000 $ 44;833 $ 41,020 Steps of Independence 83.17% Nati's House (dba Neutral Ground) - $ 75,000 $ 52,833 $ 55,007 Neutral Ground 83.00% Public Law Center- $, 50,000 $ 41,000 $ 37,573 Consumer &Communi Organizations Lal Assistance Project 82.67% America On Track- $ 75,000 $ $ Bri hler Futures for Children of Prisoners 82.67% Community Action Partnership of Orange County- $ 50,000 $ - $ - Economic Empowerment -Your Mone Your Goals 82.67% NeighborWorks Orange County- $ 50,000 $ - $ - Financial Capability Project 81.33% Big Brothers Big Sisters of OC - $ 45,000 $ - $ Tradidonal Community -Based Manicuring Program 80.67% Charitable Ventures of Orange County- $ 58,130 $ $ - Getting Residents Engaged in Exercise and Nutrition 80.33% Boys & Girls Club of Santa Ana - $ 75,000 $ - $ - College Bound 80.00% TKO Youth Foundation - $ 49,000 $ - $ TKO BoxingClub 78.00% Goodwill Industries of Orange County California- $ 75,000 $ $ Goodwill Workforce Development 76.20% Orange County Educational Arts Academy- $ 40,000 $ $ Kids Expanded Da Program Clubs and Junior Conservatory 76.20% Charitable Ventures of Orange County, Inc. - $ 75,000 $ - $ Project KinshipSummer Night Lights Program 76.17% Templo Calvario Community Development Corporation - $ 75,000 $ $ Sequro Family Financial Empowerment Center 74.83% Pure Game- $ 47,000 $ - $ - STAR Sports 71.67% Casa de Is Familia- $ 72,000 $ - $ LaTEENa Pourer! LP 70.60% Second Chance Orange County- $ 60,000 $ $ - Second Chance Crime Prevention in Santa Ana 68.80% Veterans Legal Institute - $ 30,000 $ $ Veterans Pro Bono Legal Clinics 67.60% Charitable Ventures of Orange County- $ 100,000 $ - $ Coo eracion Santa Ana 75A-15 EXHIBIT 2 Fair Housing Funding CRHC Recommendations` - CDBG FY 2018.19 CRHC Organization NameApplicant CRHC Evaluation Program Requested Funding Recommended Score Application Funding 87.83% Orange County Fair Housing Council Inc. - $ 66,000.00 $ 62;241 Santa Ana Fair Housing Education, Counseling & Enforcement 86.50% Fair Housing Foundation $ 59,640.00 $ - Fairhousing services are not subject to the CDBG Program 75% public service cap. 75A-16 EXHIBIT 2 Summary of Community Development Block Grant Nonprofit Applications FY 2018-2019 Delhi Center Teens Engaged in Learning and Leadership A leadership development program that trains teens to take an active role in designing and implementing educational and team building activities in their community that teach younger children about gang prevention, problem solving, conflict resolution, avoiding risk and making safe choices. Proposed number to be served: 150 Rank: 1 Score: 92.5% CRHC Recommendation: 66,654 Funding Request: 74,104 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 63,011 Delhi Center Family Economic Success Initiative A collaborative case management strategy to help low-income families fill vocational, educational, and financial service gaps, so they can make better decisions to earn more, keep more of what they earn, and move up the economic ladder. Proposed number to be served: 150 Rank: 2 CRHC Recommendation: 87,873 Score: 92.17% Funding Request: 95,976 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 83,070 Orange County Children's Therapeutic Arts Center Crime Prevention and Intervention Program OCCTAC proposes to continue our Crime Prevention & Intervention Program with Willard Middle school youth, and expand to all Willard Neighborhood families, to provide life changing opportunities for youth and parents through After School Arts, Tutoring, Family Counseling, and Parenting Classes. Proposed number to be served: 200 Rank: 3 CRHC Recommendation: 62,750 Score: 90.60% Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 ALBI Active Learning Believe and Inspire Skill enrichment, self-expression, stress relief and socialization through various arts activities in positive behavior development and crime prevention for at risk Santa Ana youth, ages 5-15 with 30 hours of classroom training, 16 hours of workshops in crime deterrence and 2 community performances Proposed number to be served: 150 Rank: 4 CRHC Recommendation: 68,758 Score: 88.33% Funding Request: 74,250 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 65,000 75A-1 7 EXHIBIT 3 The Illumination Foundation Children's Resource Center The Children's Resource Center is a quality care environment and afterschool program that provides homeless and at -risk children and youth with the necessary services to overcome the effects of poverty and break the cycle of homelessness. Proposed number to be served: 225 Rank: 5 Score: 88% CRHC Recommendation: 51,061 Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 Legal Aid Society of Orange County Clean Slate Project The Clean Slate project will provide free legal assistance to help Santa Ana residents expunge their criminal records as way of opening avenues to employment and reducing criminal recidivism. Proposed number to be served: 150 Rank: 6 CRHC Recommendation: 46,479 Score: 86.33% Funding Request: 63,568 Strategic Plan Alignment: 1, 6f Minimum Funding Request: 41,000 Project Access, Inc. Economic Empowerment and Family Support Program Project Access' Economic Empowerment and Family Support Program equips low-income youth, adults, and seniors with wraparound support services that empower them to take action towards achieving economic self-sufficiency and improving their quality of life. Proposed number to be served: 1200 Rank: 7 Score: 86% CRHC Recommendation: 39,372 Funding Request: 50,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 Public Law Center Affordable Housing & Homelessness Prevention Program PLC will provide legal assistance, advocacy and outreach to low-income Santa Ana tenants and homeless individuals living in Santa Ana to help keep or place them in safe homes and communities. PLC will prioritize individuals who are veterans and/or victims of domestic violence and other crimes. Proposed number to be served: 60 Rank: 8 CRHC Recommendation: 38,923 Score: 85.83% Funding Request: 50,000 Strategic Plan Alignment: 4, 4 Minimum Funding Request: 30,000 75A-1 8 EXHIBIT 3 Nati's House Neutral Ground (Summer Alight Lights Project) Summer Night Lights Neutral Ground will provide Summer Night Lights for 40 nights during the summer. Parks and recreation centers will be open late so that families can enjoy safe spaces, meet neighbors, find new opportunities and resources, and create relationships with the City and County agencies that serve them. Proposed number to be served: 1500 Rank: 9 CRHC Recommendation: 54,658 Score: 85.17% Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 50,000 Taller San Jose Hope Builders Business Applications In partnership with Santa Ana College, Hope Builders' Business Applications program will create economic opportunity for 25 disadvantaged Santa Ana youth by providing them hard skills training in business administration and life skills support to advance their education and find a job. Proposed number to be served: 25 Rank: 10/11 Tied CRHC Recommendation: 51,660 Score: 85% Funding Request: 75,000 Strategic Plan Alignment: 2, 4a Minimum Funding Request: 30,000 Young Men's Christian Association of Orange County YMCA Financial Assistance Program - Santa Ana Programs This program would provide Financial Assistance to low income, very low, and extremely low- income participants wishing to enroll in our Santa Ana Sports & Aquatics programs (soccer, swim, dodgeball, fitness programs) and Santa Ana After School programs. Proposed number to be served: 159 Rank: 10/11 Score: 85% CRHC Recommendation: 40,420 Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 The Cambodian Family Plan Ahead Youth Program PAYP will help 120 of Santa Ana's low-income youth and parents from immigrant families thrive in the areas of academics, leadership and parenting skills so that they are able to be engaged in more positive after school activities, stay off the streets, and avoid destructive or gang related activity. Proposed number to be served: 114 Rank: 12 CRHC Recommendation: 47,602 Score: 84.33% Funding Request: 80,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 45,000 75A-1 9 EXHIBIT 3 Community Health Initiative of Orange County Community Health Access Program CHIOC helps City of Santa Ana residents to access health and social service programs by providing outreach, education, enrollment, and case management services to vulnerable populations. We strive to ensure that clients acquire, retain, and utilize community resources effectively. Proposed number to be served: 2400 Rank: 13/14 Tied CRHC Recommendation: 40,420 Score: 84.17% Funding Request: 60,000 Strategic Plan Alignment: 4, 3 Minimum Funding Request: 30,000 Legal Aid Society of Orange County Domestic Violence Prevention Project The Legal Aid Society of Orange County (LASOC) will provide free, holistic legal assistance to Santa Ana survivors of domestic violence to help them escape abuse and break the cycle of violence. Priority is given to service in the areas of family law, immigration, and healthcare advocacy. Proposed number to be served: 40 Rank: 13/14 Tied CRHC Recommendation: 42,313 Score: 84.17% Funding Request: 47,103 Strategic Plan Alignment: 1, 6f Minimum Funding Request: 40,000 WISEPIace Steps of Independence WISEPIace stop -gap housing, trauma -informed care and wrap-around services provide the tools to move women from homeless to safe and affordable housing, reuniting them with their children and families. Proposed number to be served: 40 Rank: 15 CRHC Recommendation: 41,020 Score: 83.67% Funding Request: 55,000 Strategic Plan Alignment: 4, 4 Minimum Funding Request: 35,000 Nati's House Neutral Ground Neutral Ground Nati's House Neutral Ground provides after school programming and mentoring to youth: focusing on violence prevention, gang intervention, restorative practices, mentoring, and drug and alcohol prevention. Neutral Ground also provides street outreach and programming for parents and community. Proposed number to be served: 125 Rank: 16 CRHC Recommendation: 55,007 Score: 83.17% Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 52,000 75A-20 EXHIBIT 3 Public Law Center Consumer & Community Organizations Legal Assistance Project PLC seeks to provide cradle through retirement legal services to Santa Ana low-income residents to spur economic development by helping clients, especially seniors, keep their hard earned money; and helping client develop child & dependent care businesses that will expand the local workforce. Proposed number to be served: 60 Rank: 17 Score: 83% CRHC Recommendation: 37,573 Funding Request: 50,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 30,000 America On Track Brighter Futures for Children of Prisoners Children of prisoners deserve the chance to discover a brighter future, which is why America On Track provides them with trained, caring mentors, STEM workshops, a "College is For Me Too!" camp, free books, and special outings, as well as nutrition seminars and wraparound services for the families. Proposed number to be served: 300 Rank: 18/19/20 Tied CRHC Recommendation: 0 Score: 82.67% Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 45,000 Community Action Partnership of Orange County Economic Empowerment - Your Money, Your Goals Economic empowerment services for low-income adults and youth in and around Santa Ana; workshops include Your Money Your Goals curriculum, which covers banking, spending plans, and money management by providing tools for participants to develop habits to increase their financial wellbeing. Proposed number to be served: 180 Rank: 18/19/20 Tied CRHC Recommendation: 0 Score: 82.67% Funding Request: 50,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 30,000 NeighborWorks Orange County Financial Capability Project NWOC's Community Impact program will help Santa Ana's low- to moderate -income families build multi -generational wealth and financial resilience through financial literacy courses and homeownership. Proposed number to be served: 160 Rank: 18/19/20 Tied CRHC Recommendation: 0 Score: 82.67% Funding Request: 50,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 30,000 75A-21 EXHIBIT 3 Big Brothers Big Sisters of Orange County Traditional Community -Based Mentoring Program The proposed program matches at -risk youth that are residents of Santa Ana to positive adult mentors. They will be identified by law enforcement, schools, and other youth serving agencies as being at risk for truancy, academic failure and involvement in the juvenile justice system. Proposed number to be served: 50 Rank: 21 CRHC Recommendation: 0 Score: 81.33% Funding Request: 45,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 Charitable Ventures of Orange County (Summer Night Lights Project) Getting Residents Engaged in Exercise and Nutrition We propose to expand our GREEN program to host Summer Nights. GREEN is a place -based wellness and learning program at James Madison Elem. It provides health, education, community, and leadership opportunities for residents specifically in the form of health and wellness workshops and programming. Proposed number to be served: 375 Rank: 22 CRHC Recommendation: 0 Score: 80.67% Funding Request: 58,130 Strategic Plan Alignment: 4, 4 Minimum Funding Request: 58,130 Boys & Girls Club of Santa Ana College Bound College Bound provides at -risk Santa Ana teens with academic instruction and mentors to help graduate high school on time, prepare for secondary education, technical school, or military and set career goals; this also prevents teens from engaging in activities that could otherwise derail their path. Proposed number to be served: 75 Rank: 23 CRHC Recommendation: 0 Score: 80.33% Funding Request: 75,000 Strategic Plan Alignment: 2, 4a Minimum Funding Request: 50,000 IIII Xown. [i79- iTFitC.Til TKO Boxing Club The TKO Boxing Club provides a low-cost after-school program for at -risk youth 8 to 18 years of age. TKO provides an attractive alternate to gang involvement as well as challenging these youth to achieve their academic and athletic potential Proposed number to be served: 195 Rank: 24 Score: 80% CRHC Recommendation: 0 Funding Request: 49,000 Strategic Plan Alignment: 2, 2b Minimum Funding Request: 30,000 75A-22 EXHIBIT 3 Goodwill Industries of Orange County California Goodwill Workforce Development Goodwill's workforce development program will assist 60 Santa Ana residents with the job seeking skills training (JSST) to secure employment in addition to offering training in certification in Office Clerk, Retail or Warehouse Operations. Proposed number to be served: 60 Rank: 25 Score: 78% CRHC Recommendation: 0 Funding Request: 75,000 Strategic Plan Alignment: 4, 1 Minimum Funding Request: 30000 Charitable Ventures of Orange County, Inc. (Summer Night Lights Project) Project Kinship Summer Night Lights Program Project Kinship will provide evening activities and bi-monthly field trips for Santa Ana youth to promote safe neighborhoods and discourage participation in and victimization from detrimental activities. Proposed number to be served: 75 Rank: 26/27 Tied CRHC Recommendation: 0 Score: 76.20% Funding Request: 40,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 30,000 Orange County Educational Arts Academy Kids Expanded Day Program Clubs and Junior Conservatory Kids Expanded Day School provides youth with an enriching and multifaceted afterschool club program that gives at -risk, low-income kids a place to explore new hobbies and try activities that they wouldn't normally have access to, keeping them away from criminal activity and other deterrents. Proposed number to be served: 280 Rank: 26/27 Tied CRHC Recommendation: 0 Score: 76.20% Funding Request: 75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 50,000 Templo Calvario Community Development Corporation Seguro Family Financial Empowerment Center The Seguro Family Financial Empowerment Center collaborative program designed to equip low-income individuals and families in Santa Ana with the knowledge, skills and resources they need to attain financial security and maintain long-term financial stability in order to foster economic development. Proposed number to be served: 60 Rank: 28 CRHC Recommendation: 0 Score: 76.17% Funding Request: 75,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 75,000 75A-23 EXHIBIT 3 Pure Game STAR Sports A Sports Based Youth Development program partnering with inner-city schools and community-based organizations. Our innovative program breaks the conventional sport programs currently on offer for children. We play on smaller fields with smaller team sizes and shuffle these teams every 5 minutes. Proposed number to be served: 1480 Rank: 29 CRHC Recommendation: 0 Score: 74.83% Funding Request: 47,000 Strategic Plan Alignment: 2, 2b Minimum Funding Request: 34,000 Casa de la Familia LaTEENa Power! (LP) LaTEENa Power! is a preventive, culturally specific after-school program designed to empower at -risk Latina youth to successfully navigate their lives by setting goals, establishing healthy boundaries and learning to love and respect both themselves and others. Proposed number to be served: 356 Rank: 30 CRHC Recommendation: 0 Score: 71.67% Funding Request: 72,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: 56,000 Second Chance Orange County Second Chance Crime Prevention SCOC provides meaningful and individualized services to Santa Ana residents recovering from alcohol and substance abuse and seeking stable, sustainable lives. 23 residents seeking an end to dependency will gain education, be provided with mentoring, and receive career training and/or job placement. Proposed number to be served: 23 Rank: 31 CRHC Recommendation: 0 Score: 70.60% Funding Request: 60,000 Strategic Plan Alignment: 1, 6f Minimum Funding Request: 45,000 Veterans Legal Institute Veterans Pro Bono Legal Clinics The Veterans Pro Bono Legal Clinics are held at strategic veteran hotspots to ensure former and current service members can access high quality legal care regardless of communication, mobility, or transportation issues. Legal services remove barriers to employment, education, housing and healthcare. Proposed number to be served: 60 Rank: 32 Score: 68.8% CRHC Recommendation: 0 Funding Request: 30,000 Strategic Plan Aliqnment: 3, 5c Minimum Funding Request: 30,000 75A-24 EXHIBIT 3 Charitable Ventures of Orange County Cooperacion Santa Ana Cooperacion Santa Ana provides workshops to how to launch a successful business, as well interested in Worker -Owned Cooperatives. Wit h least 100 Santa Ana residents. Proposed number to be served: 100 Rank: 33 Score: 67.60 educate low-income Santa Ana residents on as a Pre-CoOp Academy to prepare those the City's support, we anticipate serving at CRHC Recommendation: 0 Funding Request: 100,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 75,000 Fair Housing Programs Applications Community Redevelopment and Housing Commission Recommendations (CRHC) FY 2018-2019 Orange County Fair Housing Council, Inc (dba Fair Housing Council of Orange County) Santa Ana Fair Housing Education, Counseling and Enforcement Serving both housing consumers and providers with fair housing education, counseling and enforcement services to combat housing discrimination, combined with landlord -tenant counseling. Fair housing activities assist Santa Ana in certifying to HUD that it is "affirmatively furthering fair housing." Proposed number to be served: 4420 Rank: 1 CRHC Recommendation: 62,241* Score: 87.83% Funding Request: 66,000 Strategic Plan Alignment: 4, 1 Minimum Funding Request: 60,000 Fair Housing Foundation Fair Housing Program The Fair Housing Foundation's Fair Housing Program includes: 1. Fair Housing Discrimination - Counsel, intake, investigate, and resolve complaints; 2. Education & Outreach Activities; 3. Tenant & Landlord - Counseling, mediations, and assistance; 4. Activities to Affirmatively Further Fair Housing Proposed number to be served: 850 Rank: 2 CRHC Recommendation: 0* Score: 86.50% Funding Request: 59,640 Strategic Plan Alignment: 3, 5c Minimum Funding Request: 58,000 * Only one Fair Housing project selected for funding. Funding is from Administrative cap and does not impact Public Service funding. 75A-25 EXHIBIT 3 75A-26 NOTE: Same agreement will be used for City departments approved for the CDBG MEMORANDUM OF UNDERSTANDING BETWEEN THE 2018-2019 program. CITY OF SANTA ANA AND �AGENCY USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Memorandum of Understanding is hereby made and entered into this 1st day of July, 2018, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and 6IT ACIENC of the City, ("SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, andederal Award Identifeation uni FAIIV� B -18 -Mt~ -Q70'50 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. A. Nonnrofit Status - Reoresentations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. 75A-27 EXHIBIT 4 (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Term and Ouarterly Disbursement. The amount granted to SUBRECIPIENT is00 00 ("CDBG FUNDS"), for the term of July 1,0�1 through June 30,OQ . Such funds shall be expended by SUBRECIPIENT on or before June 30, 04, . The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 2 75A-28 EXHIBIT 4 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2019, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B;' attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this agreement, the de minimis indirect cost rate of Y0°/ will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program year in which this Agreement is executed. 75A-29 EXHIBIT 4 I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to El 75A-30 EXHIBIT 4 said program. CITY and the United States Government and their representatives or auditors shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECE31ENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENI reports inaccurately, or if on audit there is a 5 75A-31 EXHIBIT 4 disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The 75A-32 EXHIBIT 4 SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Develonment Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African-Americans, Spanish-speaking, Spanish surnamed or Spanish - 7 75A-33 EXHIBIT 4 heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. II. CITY'S OBLIGATIONS A. Payment of Funds. On July 1, M, the CITY was allocated for fiscal year M_ from the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program. CITY agrees to 2Ly to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed Dollars$0000 - for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being 75A-34 EXHIBIT 4 notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. 75A-35 EXHIBIT 4 V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. , B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. LVJ� :181, 111.391Illerel20W0110Fy0I SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The tern "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Conununity Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 10 75A-36 EXHIBIT 4 TO SUBRECIPIENT: +r anizationoutac ddress - ine 1 ddress Line Address Lino , _ ►TJ I I. Xy ce F'11.310I M None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 11 75A-37 EXHIBIT 4 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 75A-38 EXHIBIT 4 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY. in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. A A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, 13 75A-39 EXHIBIT 4 and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-perfonnance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. hi the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. 14 75A-40 EXHIBIT 4 XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 1.14KmlY�I�A�►ixilil;�7 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 terns of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 15 75A-41 EXHIBIT 4 b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) 16 75A-42 EXHIBIT 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager NAME Title Tax ID: 00-0000000 DUNS #: 000000000 17 75A-43 EXHIBIT 4 City of Santa Ana CDBG Scope of Work Program Year 2018-19 (July 1, 2018 - June 30, 2019) Name of Organization :Organization Name Name of Funded Program !Program Name Annual Accomplishment Goal anu rune Schedule of Performance Quarter 1: JUL 1 - SEP 30 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 Unduplicated Participants 0 the 12 -month contract period. 0% I Low Income Participants 0% Estimated Page 1 of 1 75A-44 EXHIBIT 4 FISCAL YEAR 2018-2019 PROPOSED PROGRAM BUDGET Organization Name JOrganzation Name Program Name fprogram Name EXPENDITURES Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Total Program Organization Budget Budget Administrative Staff Salaries & Benefits $0 $0 Program Staff Salaries & Benefits $0 $0 Contractual/Professional Services $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 TOTAL Direct Costs $0 $0 $0 $0 Indirect Costs 10% $0 TOTAL BUDGET $0 $0 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2018-2019 Funding Source Total lust equal Program tsuaget i otai iisteo above. FUNDING SOURCE I AMOUNT Santa Ana CDBG EXHIBIT B 75A-45 EXHIBIT 4 2018-2019 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary A Benefits CDBG Funds Requested Description PROGRAM STAFF Position Title Annual Salary N Benefits CDBG Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount CDBG FundsRequested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description WINI]11111101 75A-46 EXHIBIT 4 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 EXHIBIT 4 75A-47 By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Proerams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 EXHIBIT 4 75A-48 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Coonerative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 75A-49 EXHI BIT 4 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 75A-50 EXHIBIT 4 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75A-51 EXHIBIT 4 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75A-52 EXHIBIT 4 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75A-53 EXHIBIT 4 75A-54 NOTE: Same agreement will be used for nonprofit organizations approved for the CDBG FY 2018-2019 program. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND O\TRO+ FTT ORGANIZATION NAM' FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is hereby made and entered into this 1st day of July, 2018, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and ortprofit OrgatiizaGon N m , a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant "CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and ederal Award Identification i5u FAIN B 18-94G06-050 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Nonprofit Status - Reoresentations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. 75A-55 EXHIBIT 5 (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Term and Ouarterly Disbursement. The amount granted to SUBRECIPIENT is = ("CDBG FUNDS"), for the term of July 1, 04 through June 30, 01 Such funds shall be expended by SUBRECIPIENT on or before June 30, 0' . The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 2 75A-56 EXHIBIT 5 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2019, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B;' attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this agreement, the de minimis indirect cost rate of IO% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENf shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. 75A-57 EXHIBIT 5 I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to 75A-58 EXHIBIT 5 said program. CITY and the United States Government and their representatives or auditors shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a 5 75A-59 EXHIBIT 5 disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIP= shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The 75A-60 EXHIBIT 5 SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Subpart K of 24 CFR 570. SUBRECIPIENT will cant' out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African-Americans, Spanish-speaking, Spanish surnamed or Spanish - 75A -61 EXHIBIT 5 heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. II. CITY'S OBLIGATIONS A. Payment of Funds. On July 1, 01' , the CITY was allocated S X86 26 for fiscal year01 - 0'1 from the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program. CITY agrc2esLt2yay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed IMMMINWDollars =) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being 8 EXHIBIT 5 75A-62 notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. 9 75A-63 EXHIBIT 5 V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 10 EXHIBIT 5 75A-64 TO SUBRECIPIENT: • rganization Contac ddress Line 1 Mess Lin ddress Line; uIIANWANT eRF-r-HIP 0w None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 11 75A-65 EXHIBIT 5 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. M. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG fonds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 75A-66 EXHIBIT 5 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. IM0�IDI901A/YY[I'7►`I A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, 13 75A-67 EXHIBIT 5 and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XILA. through XII.E, inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY'S demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. 001M0161InIfCORK13940 -IR The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIP='s fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. 14 75A-68 EXHIBIT 5 XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 15 75A-69 EXHIBIT 5 b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on followingpage) 16 75A-70 EXHIBIT 5 IN WITNESS WHEREOF, the patties hereto have executed this Agreement as of the last date and year written below. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager SUBRECIPIENT: NAME Title Tax ID: 00-600000 DUNS #: 000000000 17 75A-71 EXHIBIT 5 City of Santa Ana CDBG Scope of Work Program Year 2018-19 (July 1, 2018 - June 30, 2019) Name of Organization Organization Name Name of Funded Program Program Name Annual Accomplishment Goal rarn anu Schedule of Performance Quarter 1: JUL 1 -SEP 30 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 sated to be served during the 12 month contract period Santa Ana Participants 2% Low Income Participants 0% Unduplicated Participants 0 Estimated Page 1 of 1 75A-72 EXHIBIT 5 FISCAL YEAR 2018-2019 PROPOSED PROGRAM BUDGET Organization Name !Organization Name Program Name ;Program Name EXPENDITURES Enter budget categories and projected expenditures forthe proposed program: Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Total Program Organization Budget Budget Administrative Staff Salaries & Benefits $0 $0 Program Staff Salaries & Benefits $0 $0 Contractual/Professional Services $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 0 $0 $0 TOTAL Direct Costs $0 $0 $0 $0 Indirect Costs 10% $0 TOTAL BUDGET $0 $0 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2018-2019 Funding Source Total iustequairrogram cuugetiotaiustea auove. FUNDING SOURCE I AMOUNT Ana CDBG TOTAL EXHIBIT B 75A-73 EXHIBIT 5 2018-2019 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary N Benefits CDBG Funds Requested Description PROGRAM STAFF Position Title Annual Salary & Benefits CDBG Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount CDBG FundsRequested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description EXHIBIT B-1 75A-74 EXHIBIT 5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 oft EXHIBIT 5 75A-75 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terns "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 EXHIBIT 5 75A-76 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 75A-77 EXHIBIT 5 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 75A-78 EXHIBIT 5 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. A. The contractor certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75A-79 EXHIBIT 5 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached 'Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75A-$0 EXHIBIT 5 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75A-81 EXHIBIT 5 75A-82 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: PUBLIC HEARING: AMEND COUNCIL WARD BOUNDARIES AND INTRODUCTION OF ORDINANCE TO AMEND SAME (STRATEGIC PLAN NO. 5, 1) 1 RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on let Reading ❑ Ordinance on 24d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Open and close the Public Hearing to obtain input from the community on draft maps for consideration. 2. Adjourn the matter to Saturday, May 19, 2018 at 11:30 a.m. in the Southwest Community Center to hold another Public Hearing on same matter; and at said meeting: a. Select preferred Ward map. b. Place ordinance on first reading and authorize publication of title. DISCUSSION At its May 1, 2018, meeting, the City Council adopted a resolution of intention to consider changes to boundary lines of the City wards and fixing the time and place of public hearings to be held with respect to the proposed Ward re -boundary. In accordance with that resolution, the first public hearing was held on May 1, 2018. A second public hearing was noticed for May 3, 2018. Although the City Council meeting was not formally convened on May 3rd due lack of a quorum, in order to have as much public input into the re -boundary process as possible, the City's demographer made a presentation to explain the ward boundary adjustment process, and public testimony was received. That testimony, together with the public testimony presented at the May 1st public hearing was considered by the consultant in drafting the proposed Ward maps which are attached as Exhibit 1 to this staff report. The May 15 and 19, 2018 public hearings will allow the City Council as well as the public an opportunity to review and comment on all of the maps as drafted by the consultant, Redistricting Partners. At the conclusion of the May 19, 2018 public hearing, the City Council will have the ability to select the preferred Ward Map and introduce for first reading an ordinance adjusting the ward boundaries in accordance with that map. 7513-1 Public Hearing: Amend Council Ward Boundaries May 15, 2018 Page 2 of 3 Under the City Charter, an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election. While the City Charter limits ward boundary adjustments as needed to ensure equality of population among the wards, the resolution of intention to adjust the boundaries adopted by the City Council on May 1, 2018 recognized the need to comply with the California Voting Rights Act, which applies to both general law and charter cities. This proposed re -boundary process is categorically exempt from the California Environmental Quality Act ("CEQK) pursuant to Section 15320 – Class 20 (Changes in Organization of Local Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it involves a proposed reorganization of the City Council Wards and does not change the geographical area in which previously existing powers are exercised. Re -boundary Standards When deciding upon a proposed map, the City Council must keep in mind certain standards in order to comply with the applicable laws. The following are mandatory for any proposed map: The Wards must be as nearly equal in population as may be (Elections Code § 21601). Exact equality of population is not required for the Wards, but they should strive to create Wards that have a total population deviation of no more than 10% between their most heavily populated Ward and the least populated Wards. Gaffney v. Cummings, 412 U.S. 772 (1973). Current Councilmembers shall not lose their current seat or allow a term limit reset for members that have served three consecutive terms of four -years each. The City Council may also rely upon the following "traditional' re -boundary factors when deciding upon a map pursuant to Election Code §21601: Cohesiveness, continuity, integrity, and compactness of territory Community of interest Topography and geography Finally, the following are additional criteria which are also acceptable to consider: • Traditional boundaries • Preservation of core of prior Wards • Race may be a factor considered in establishing the districts, but it may not be the predominant motivating factor in creating the districts. Miller v. Johnson, 515 U. S. 900, 916 (1995). Race is a predominant factor if the legislature "subordinate[s]" other factors—compactness, respect for political subdivisions, partisan advantage, what have you—to 'racial considerations." Id. 75B-2 Public Hearing: Amend Council Ward Boundaries May 15, 2018 Page 3 of 3 The City Council encourages the community to be engaged in the process. Comments may be sent to Ecomments(a)santa-ana.ora prior to each hearing to be considered during the deliberation process. STRATEGIC PLAN Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #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. Proposed Ward Maps 2. Ordinance 75B-3 75B-4 City of Santa Ana Plan A 0 PLAN A A B C D E F Population 54,539 54,399 53,751 53,680 54,038 54,176 Deviation 441 301 (347) (418) (60) 78 1% 1% -1% -1% 0% 0% 18+ Citizens (NAP) 27,031 20,808 27,179 25,585 17,295 22,526 50% 38% 51% 48% 32% 42% Latino CVAP 11,893 1 15,300 13,168 14,900 14,170 14,636 44% 74% 48% 58% 82% 65% White NAP 2,915 2,345 10,335 5,373 1,807 4,622 11% 11% 38% 21% 10% 21% African American CVAP 263 444 394 748 93 616 1% 2% 1% 3% 1% 3% Asian NAP 11,494 2,525 2,776 4,267 995 2,317 43% 12% 10% 17% 6% 30% Exhibit 1 75B-5 00 G r a z a I\ a n s a a ° J Z N m ° m m A i m °; D A� (V� N o c D > m D D fi c ^ Fo a 75B-6 O D V r OZ t m z O Q' a 0 D O a ° J Z N m ° m m A i m °; D A� (V� N o c D > m D D fi c ^ Fo a 75B-6 O City of Santa Ana Plan B 0 PLAN B A B C D E F Population 53,854 54,497 54,367 53,794 54,269 53,792 Deviation (234) 399 269 (304) 171 (306) 0% 1% 0% -1% 0% -1% 18+ Citizens (CVAP) 27,760 26,316 26,164 22,589 22,235 15,360 52% 48% 48% 42% 41% 29% Latino CVAP 11,212 15,234 17,814 15,467 1 11,933 12,407 40% 58% 68% 68% 54% 81% White NAP 3,216 5,529 5,061 4,200 7,637 1,748 11% 11% 19% 19% 34% 11% African American CVAP 269 751 508 393 445 182 1% 3% 2% 2% 2% 1% Asian CVAP 12,482 4,486 2,407 2,163 1,938 898 45% 17% 9% SO% 9% 6% 75B-7 kl ti Ell 75B-8 M M In O O Ma r C Z In O O City of Santa Ana Plan C PLAN C A 8 C D E F Population 53,852 53,158 55,083 54,848 53,494 54,148 Deviation (246) 940) 985 750 (604) 50 0% -2% 2% 1% -1% 0% 18+ Citizens (NAP) 29,015 23,568 20,253 22,779 27,823 16,981 54% 4496 37% 41% 51% 31% Latino CVAP 11,277 15,473 14,647 16,220 13,426 13,029 39% 66% 72% 71% 48% 77% White NAP 4,012 4,101 2,507 4,161 10,533 2,077 14% 17% 11% 18% 38% 12% African American CVAP 283 712 487 330 423 313 1% 3% 2% 1% 2% 2% Asian CVAP 12,846 3,057 2,450 1,706 2,905 1,410 4d% 13% 12% 7% 10% 8% 75B-9 Cl � I a 1 0 vi W d, m m m a 75B-10 a M o� 0 o a z Cl � I a 1 0 vi W d, m m m a 75B-10 a M o� 0 City of Santa Ana Plan D L, PLAN D A 8 C D E F Population 53,515 52,395 52,744 56,104 54,425 55,402 Deviation (583) 1,703 (1,354) 2,006 327 1,304 -1% -3% -3% 4% 1% 1% 18+ Citizens (NAP) 26,472 22,302 14,018 28,648 25,658 23,321 49% 43% 17% 5196 47% 42% Latino CVAP 10,813 14,772 10,901 15,789 16,595 15,187 41% 66% 78% 55% 65% 65% White CVAP 3,058 4,651 1,799 9,696 5,332 2,861 12% 21% 13% 34% 21% 12% African American CVAP 193 459 193 444 429 840 1% 2% 1% 2% 2% 4% Asian CVAP 11,776 2,182 964 2,354 2,964 4,134 44% 10% 7% 8% 75B-11 ff w F 0 75B-12 O ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS -2826 WHEREAS, heretofore, on May 1, 2018, the City Council by its Resolution 2018- 032, declared its intention to change the boundary lines of the Wards in the City of Santa Ana, which said Resolution was regularly published as required by Section 101.4 of the Charter of the City of Santa Ana and gave notice of public hearings to be held on May 1, May 3, May 15, May 19 and June 5, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the boundaries of the wards of the City of Santa Ana are hereby changed and established as set forth on the map attached hereto and incorporated herein by reference as Exhibit 1. Section 2: That the Clerk of the Council shall cause a map diagram showing the new boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the general municipal election. ADOPTED this day of 12018 APPROVED AS TO FORM: 0 Sonia R. Carvalho, City Attorney Miguel A. Pulido Mayor Exhibit 2 75B-13 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: PUBLIC HEARING —AMENDMENT APPLICATION NO. 2018-02, GENERAL PLAN AMENDMENT NO. 2018-02 AND THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999-01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE — PATRICK MURPHY, APPLICANT (STRATEGIC PLAN NO. 3,2; 3, 5) v CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Deny the Third Amendment to Development Agreement No. 1999-01 for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018-02. PLANNING COMMISSION ACTION At its regular meeting on April 23, 2018, the Planning Commission by a vote of 6:1 (Nguyen opposed) recommended that the City Council deny the Third Amendment to Development Agreement No. 1999-01 (DA No. 2015-02) for the Mater Dei High School campus expansion project; adopt an ordinance approving Amendment Application No. 2018-02; and adopt a resolution approving General Plan Amendment No. 2018-02 for the Mater Dei High School Parking Structure and School expansion project located at 1202 West Edinger Avenue. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). DISCUSSION Approximately eight years ago, Mater Dei High School submitted a proposal to construct a three level, 990 -space parking structure on the campus as well as to allow a new two-story educational building to be built. In 2015, the City Council took action on the project by approving two 75C-1 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 — Mater Dei High School Parking Structure Expansion Project May 15, 2018 Page 2 entitlements: The certification of an environmental impact report and the approval of an addendum to an existing development agreement. The original request was for Council to approve all necessary entitlements (zone change and general plan amendment) at one time; however, as Mater Dei did not own the 19 properties affected by the proposed project, the City was unable to move forward with the zone change and general plan amendment applications due to potential adverse condemnation concerns. As all affected properties are now owned by the applicant, the remaining entitlements are now able to proceed. Mater Dei is intending to consolidate their various parking facilities onto the school campus by constructing the new parking structure. As all parcels are under control of the school, the applicant is proposing to change the general plan land use designations and rezone the 19 affected parcels to be consistent with the designations for the existing campus. This includes rezoning the parcels from Single -Family Residence (R-1) to Open Space (0), and changing the general plan land use designation from Low Density Residential (LR -7) to Institutional (INS). Staff is supportive of the general plan and zone change requests and is recommending for the approval of these two requests. This proposal also consists of a request by Mater Dei for a third amendment to the development agreement that requests City assistance with the construction of off-site improvements (i.e. new traffic signal and street demolition and repairs) associated with the parking structure project that are valued at approximately $1.8 million. Mater Dei is proposing that the City's $1.8 million contribution be via the completion of three off-site improvements: The installation of a new traffic signal at Bristol Street and St. Andrew Place, the removal and reconstruction of St. Andrew Place from Bristol Street to Baker Street, and the installation of a public alley and related improvements at the east side of the Mater Dei parking structure. The applicant is also proposing language in the agreement that caps the City's contribution to no more than the value of those improvements, which is almost $1.8 million. Staff does not support this request and does not recommend approval. As an alternative to the City completing the improvements, the Public Works Agency (PWA) has reduced the scope of work to St. Andrew Place that ensures the street meets City standards but reduces the cost of the off-site improvements by approximately $450,000. Further, PWA staff is working with OCTA to include the Bristol Street/St. Andrew Place traffic signal as part of the Bristol Street Widening Project that is currently underway. If approved, this will reduce the off- site improvements by another $480,000. The cost for Mater Dei to complete these proposed alternate improvements is $870,000, $930,000 less than the previous $1.8 million. Based on the projected budget deficit number presented to City Council for Fiscal Year 2018-19, the City is unable to recommend any financial commitments to the project. Staff would be supportive of the alternative workscope and assistance with pursuing with OCTA for the proposed signal installation if the project applicant is able to fund the gap for the completions of the necessary off- site improvements. Full-sized plans are available for public viewing in the Clerk of the Council Office. 75C-2 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 — Mater Dei High School Parking Structure Expansion Project May 15, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with recommended actions amending the general plan and zoning map to reflect school use. However, if the City Council approves the development agreement amendment requiring the City to construct the necessary roadway improvements, the cost would be $1.8 million for the original improvements or $870,000 for the alternate proposal. Staff is not recommending approval of the development agreement amendment. Qe Minh Thai Executive Director Planning & Building Agency VF:rb S:RFCA\05-15-18WA18-02 GPA18-02 Amend DA99-01.cc Exhibits: A. Planning Commission Staff Report B. Ordinance C. Resolution 75C-3 75C-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 23, 2018 A PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2018-02, GENERAL PLAN AMENDMENT NO. 2018-02 AND THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999-01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE (STRATEGIC PLAN NO. 3, 2; 3,5) Prepared by Vince Fregoso Interim Executive hector RECOMMENDED ACTION Recommend that the City Council: APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO r ActinglPlannin anager Deny the Third Amendment to Development Agreement No. 1999-01 (DA No. 2015-02) for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018-02. Executive Summary Diocese of Orange is requesting approval of three entitlements to complete the expansion process to the Mater Dei campus located at 1202 West Edinger Avenue. Specifically, the applicant is requesting approval of a third amendment to the development agreement to allow the city to provide financial assistance for the construction of the off-site improvements needed for the project. In addition, the applicant is requesting an amendment application (zone change) to change the zoning of 19 residential parcels to Open Space (0) and a general plan amendment to change the land use designation of the 19 parcels to Institutional (INS). These actions will make the zoning and general plan designations consistent with those of the existing campus. Staff is supportive of the applicant's request as the requests are consistent with City Council action in 2015 that approved a three level, 990 -space parking structure and a two-story classroom building for the high school. However, due to funding concerns, staff is unable to recommend approval of the amendment to the development agreement. EXHIBIT A 75C-5 Amend DA No. April 23, 2018 Page 2 1999-01, AA No. 2018-02 and GPA No. 2018-02 Table 1: Prosect and Location Information Item Information. Project Address 1202 West Edinger Avenue Nearest Intersection Bristol Street and Edinger Avenue General Plan Designation Institutional and Low Density Residential (INS and LR -7) Zoning Designation Open Space and Single -Family Residential (O and R-1) Surrounding Land Uses North I Public Parking, Office and Residential East Sin le-Famil Residential South Sin le-Famil Residential West Commercial, Church and School Property Size 20.9 acres total of 25.1 acres with proposed amendments Existing Site Development The site is developed with the Mater Dei High School campus, which consists of nine buildings, approximately 232,645 square feet of floor area, and 550 on-site parking spaces Zoning Code Sections Affected Use allowed by right SAMC Section 41-584(b) Project Description Mater Dei High School is requesting approval of three entitlements in order to facilitate an expansion to the existing campus. The entitlements include the approval of a third amendment to a development agreement that was first approved in 1995 and amended in 1999 and 2015, and a zone change and general plan amendment to make the 19 recently acquired residential lots consistent with the zoning and general plan designations for the Mater Dei campus. First, the applicant is requesting approval of the third amendment to the development agreement. The -proposed amendment is a request to provide financial assistance for completing necessary off-site improvements associated with the parking structure project. As proposed, Mater Dei is requesting terms be added to the agreement that require the City to contribute approximately $2,000,000 toward the off-site improvements, which will include the relocation of utilities, street demolition and repairs, and the installation of a new traffic signal. To facilitate the expansion project, Mater Dei acquired 19 residential properties that were located south and east of the existing campus. Now that all parcels have been acquired, changes to the zoning and general plan designations of the parcels are needed to make the zoning and general plan designations consistent throughout the campus. This proposal includes zone changes from Single -Family Residence (R-1) to Open Space (0), and a change in the general plan designation from Low Density Residential (LR -7) to Institutional (INS). Protect Background Mater Dei High School began operations in Santa Ana in 1950. In 1961, the school obtained a conditional use permit (CUP) to expand its existing classroom facilities. In 1995, the school received approval of a development agreement, general ,plan amendment and amendment application (zone change), which approved:a conceptual master plan for the expansion and build 75C-6 Amend DA,No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 April 23, 2018 Page 3 out of the Mater Dei campus, which included the acquisition of residential properties to the east and the future vacation of a portion of several streets located directly east of the campus. In 1999, the school received approval to amend the development agreement for the vacation of a portion of Baker Street, Pomona Avenue, Stanford Avenue and Edinger Avenue and approval of a revised master plan for the high school, which also included the construction -of a future 46,241 square foot Performing Arts building. In 2015, the City Council certified an environmental impact report and approved an addendum to the development agreement to allow construction of a three-level, 9907space parking structure for the campus as well as a 30,820 square foot, two-story academic building. However, as the 19 properties affected by the proposed project were not under school ownership, staff was unable to move forward with the zone changes and general plan amendments due to potential adverse condemnation concerns. As all 19 properties are now owned by the applicant, these remaining entitlements are able to proceed. Proiect Analysis Mater Dei is proposing to expand the existing school campus by constructing a three level, 9007 space parking structure on 19 parcels of land and street segments located south and east of the existing campus. Additionally, the school is proposing to demolish two older classroom buildings and construct a new two-story classroom building in the central section of the campus. The following subsections of this report provide analyses for each of the recommended action items. Amendment Application The City, Council's approval of a new parking structure .in 2015 allowed Mater Dei to. move forward with the acquisition of 19 parcels of land needed for the project. Given the urban nature of the site, and the lack of available land surrounding the school, the applicant's only option was to expand into the adjacent single-family residential neighborhood. Approval of this, request will ensure that one zoning designation will govern the entire campus, with the permitted uses and development standards for one designation applicable throughout the campus. The existing campus is located in the Open Space (0) zoning district, which allows educational facilities such as Mater Dei High School by right. The Single -Family Residence (R-1) zoning district of the new parcels allows schools subject to issuance of a CUP and has a different set of development standards. In order to have consistent zoning, uses and development standards for the site, staff is recommending that the amendment application (zone change) be approved to change the zoning designation of the 19 residential parcels to the Open Space (0) designation. General Plan Amendment The City's .Land Use Element of the General Plan serves as the long-range guide for land use and development in the City and facilitates growth reflecting the community's vision. In order to have a clear vision, the land use designation of development sites needs to be consistent throughout the entire parcel. The General Plan land use designation for the existing campus is 75C-7 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 April 23, 2018 Page 4 Institutional, which allows both govemment and educational uses such as Mater Dei High School. However, the 19 expansion parcels and adjacent street rights-of-way have a Low Density Residential (LR -7) land use designation since they were not under.control of the school when the parking structure project was approved. As these properties are now owned by the applicant, a general plan amendment is needed to make the 19 parcels and street .right-of-way consistent with the general plan land use designation of the existing campus. The proposed general plan land use changes will comply With State law as they will be consistent with the proposed zoning designations for the parcels. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan Land Use Element are proposed to be updated to reflect the master plan of the high school in order to maintain consistency with the City's General Plan vision. Therefore, the proposed general,plan amendment to change the land use designations for the 19 parcels is supported by staff. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The applicant is requesting that these 19 properties be redesignated to Open Space zoning, and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City, is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of, these projects will result in an overall increased in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Amendment to the Development Agreement The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and' standards for the term of the agreement. In exchange for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits. In 1995, a development agreement was approved between the City and Mater Dei. In 1999, an amendment was approved between the parties that approved the Mater Dei'2000 Master Plan. Included in those agreements was language that obligated the City to complete off-street improvements (streets, sidewalks, curbs and gutters, etc.) in conjunction with a surface parking lot expansion project. In 2015, the City approved, another amendment to the agreement to allow a new three-level parking structure, a new two-story building, and an increase in enrollment. Language Ment ical to the 1995 agreement requiring the City to complete the off-site improvements was contemplated in early versions of the 2015 development agreement. However, when the project moved forward to the Planning Commission and City Council, this language was removed. Mater 75C-8 Amend DA No. April 23, 2018 Page 5 1999-01, AA No. 2018-02 and GPA No. 2018-02 Dei is now proposing a third amendment to the development agreement to incorporate language requiring City participation.for off-site improvements. The parking structure project will require the completion of several off-site improvements to facilitate the project. The estimated cost for these off-site improvements is approximately $3.6 million. Mater Dei is proposing that the City contribute to the project by completing the following three off-site improvements: The installation of a new traffic signal at Bristol Street and St. Andrew Place, the removal and reconstruction of St. Andrew Place from Bristol Street to Baker Street, and the installation of a public alley and related improvements at the east side of the Mater Dei parking structure. These three improvements have an estimated cost of almost $1.8 million. Ther applicant is also proposing to include. in the agreement that will cap the City's contribution to no more than the value of those improvements, which is almost $1.8 million. Although the prior agreement had City participation, the current budget condition provides little to no flexibility in providing funds for private projects. Therefore, staff is recommending denial of the request to amend the development agreement. As an alternative to the City completing the improvements, the Public Works Agency has identified efficiencies to St. Andrew Place that will reduce the cost of the off-site improvements by approximately $450,000. Further, PWA staff is working with OCTA to pursue another $480,000 in efficiencies as part of the Bristol Street Widening Project that is currently. underway.- At this time, the $930,000 identified above appears to be the maximum contribution that can be made by the City. Table 2: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA; Strategic `Plan Alignmerit, aod+Public Notification & Corrimunity,Outreach� CEQA: CEQA Type Sub'ect to a previously prepared EIR Document Type Environmental Impact Report No. 2013-01 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). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2013-01. The certified Environmental Impact Report identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The Reason(s) analysis studies several topics, including aesthetics, land use, noise, safety, Exempt or Analysis transportation and traffic. Further, the EIR included analysis on the rezoning and general plan redesignation of the parcels to be consistent with the Mater Dei campus, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA 15183, no additional environmental review is required as the project is consistent with the development studied under the certified EIR. The previously certified Mater Dei project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. 75C-9 Amend DA No. April 23, 2018 Page 6 1999-01, AA No. 2018-02 and GPA No. 2018-02 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and Goal(s) and Policy(s) encourage private development through new General Plan and Zoning Ordinance policies, as well as Objective No. 5 to leverage private investment that results in tax base expansion and job creation citywide. �PublicNotification;BCommunit .Outreach The subject site is located within .the Memorial Park Neighborhood Association boundaries. On April 17, 2018, staff had a,phone conversation with the Association President to discuss the project and identify areas of concern. The President expressed no concerns with the proposed project. At the time of this printing, no correspondence, Required Measures either written or electronic, had been received from any members of the public. A public noticed was posted on the project site on April 13, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on April 13, 2018. Newspaper posting was published in the Orange County Reporter on A ril 13, 2018. Conclusion Based on the provided analysis, staff recommends that the Planning Commission recommend that the City Council deny the Third Amendment to Development Agreement No. 1999-01, adopt an ordinance approving Amendment Application No. 2018-02, and adopt a resolution approving General Plan Amendment No. 2018-02 for the Mater Dei High School parking structure and school expansion project. Y Vinc rego , AICP Acting Plannirtg Man_ger VF:sb 04-23-181AA 2018-2 8 GPA 2018-2 8 Amend DA99-01.pc042318 Exhibits: 1. Development Agreement 2. Ordinance 3. Resolution 4. Vicinity Map 5. Site Plan 75C-10 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT This Third Amendment to Development Agreement (the "Third Amendment") dated as of 2018, by and between the CITY OF SANTA ANA ("City") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non- profit corporation ("Developer"), collectively the "Parties". RECITALS: A. In August 1995, the City entered into a Development Agreement with the Developer to facilitate the physical expansion and improvements of an existing private secondary school. In June 1999, the City and Developer approved the First Amendment to the Development Agreement to reflect various changes in development standards applicable to the project. In August 2015, the parties approved a Second Amendment to the Development Agreement to allow the physical expansion of the school campus, allow the construction of a parking structure and new school building, extend the term of the agreement, allow an increase in enrollment. B. California Government Code section 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement. The City and Developer desire to enter into this Third Amendment in order to facilitate certain street improvements associated with the school. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: follows: Section 7 of the Second Amendment is hereby deleted and amended to read as Dedications, Street Improvements, Parking Structure and Performing Arts Center. C. 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. All off- site improvements shall be completed by Developer at its sole cost and expense, except for the following improvements: (i) Installation of a traffic signal and associated improvements at Bristol Street and St. Andrew Place; (ii) The replacement and restoration of St. Andrew Place; and, (iii) 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. EXHIBIT 1 75C-11 The costs to the City for the above referenced improvements shall not exceed $1,790,415. The Developer shall be responsible for any and all costs that exceed such amount. 2. Except as amended herein, all terms, conditions and agreements of the Development Agreement and exhibits thereto shall remain in full force and effect and each term, covenant and agreement is incorporated herein by reference as though set forth herein. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL, Acting Director Planning and Building Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager DEVELOPER: Name: Title: 75C-12 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1950, Mater Dei High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Dei High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01, allowing the expansion of the campus and the construction of a three-level 1,000 -car parking structure. D. Over the past 58 years, Mater Dei High School has been a community asset, providing religious and educational opportunities to the youth of the community. In an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Dei High School to change the zoning designation from Single -Family Residence (R-1) to Open Space (0) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. EXHIBIT 2 75C-13 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City's 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has considered the information contained in the previously approved environmental impact report for the mater Dei High School parking Structure and School Expansion project (EIR No. 2013-01) 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, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018 -_(General Plan Amendment No. 2018-02) is adopted and becomes 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. 75C-14 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15th day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75C-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75C-16 LS 4.23.18 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 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. Mater Dei High School is requesting approval of General Plan Amendment No. 2018-02 to amend the General Plan land use designation of 19 parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the General Plan land use designation of the existing high school campus. B. On April 23, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2018-02. C. On May 15, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2018-02, 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. D. General Plan Amendment No. 2018-02 has been filed to amend the General Plan to change the land use designation of 19 properties located on Berkeley Street, Occidental Street and St. Andrew Place from Low Density Residential (LR -7) to Institutional (INS) to be consistent with the General Plan designation of the existing high school campus. E. The City Council has considered the General Plan's policies and has determined that General Plan Amendment No. 2018-02 is consistent with the purpose of the general plan. EXHIBIT 3 75C-17 F. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Section 2. The City Council has considered the information contained in Environmental Impact Report No. 2013-01 that was prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed project was analyzed in the previously prepared EIR and 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 directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-02. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 15, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75C-18 Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-02) 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 othennrise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney LIM 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. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75C-19 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 75C-20 City of Santa Ana General Plan. Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Iand Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05); GPA 2010-01 as passed by GPA 2017-02(December 19,2017) GPA 2008-02(Jtdy 20, 2009) the voters of Santa Anal GPA 200P08(February 5,2 GPA 2017-01 (June 20. 2017) GPA 2007-03 (May 18. 2009) GPA 2004-04 (July 19, 2004) GPA 2WU03(December 4, GPA 207603 (February 21, 2017) GPA 2008-01 (May 5, 2008) GPA 2004-06 (July 6, 2000) GPA 2000.02 (November 21 GPA 201602 (May 17, 2016) GPA 2004.03 (February 2, 2009) GPA 200.102 (June 16, 2003) GPA 199942 (October 18,1 GPA 201601( April 19.20%) GPA 2007.02 (June 18, 2DD7) GPA 200341(February 18, 2003) GPA 1999-01(August16, V GPA 201S-03(February 2, 2016) GPA 2007-01(March 19,2007) GPA2002-01(Septemter3,2002) GPA1998&04(Ocober5, It 13PA2014-02(Oclober21,2014) GPA200601(October 2,2006) GPA 20(12-03(August19,202) GPA 199605(Seplember2 GPA 20M011June 3.20141 GPA20OW tDmember5.20051 GPA 20Dl-031Februan 19, 20021 CPA 199"1(May 4,19981 75C-21 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6j"6,456.9 acres) representing 47 percent of the City's total land area. • The Low -Medium Density Residential (LMR -11) designation applies.to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.1 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN A_19 75C-22 .LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 279.1 acres of land. in the City are designated Urban Neighborhood. .Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres ofland 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 longbeen an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of49"800.6 acres of land is included in this designation. Open Space The Open Space designation is applied.to parks, water channels, cemeteries and other open space uses.,A total of 1,010.9 acres are included in this land use designation. Of this total, 358 acres ofpublic park land is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PIAN 75C-23 LAND USE ELEMENT Table A-4 Acres Effective Low Density Residential LR -7 fi_4, 9 7 dWac 45.198 du Low Medium Density Residential LMR -11 420.6 11 dulac 4,627 du Medium Density Residential MR -15 370.1 15 du/ac 5,551du Subtotal 7'.467 6 95,844 du' 55.62$54 O District Center Other2 DC 309.5 90 du /ac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 sr 3,017 du Heritage DC 18.8 FAR 1.7 _ 54,090 sf 1,221 du 54.090s 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 at 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 at 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 sf 2,029 du Urban Neighborhood UN 276.9 FAR 0.5-3.0 876,546 sf 5,016 du 876,546 sti 5,016 du Subtotal Professional & Admin. Office PAO 944.6 612.4 FAR 0.5-1.0 20,428,42 sf I 13,338,072 sf 21,256 du 32,237,371 sf, 26,676,144 sf 21,256 du General Commercial GC 885.8 FAR 0.5.1.0 19,292,724 sf 38,585,448 sf One Broadway Plaza District CW OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal , Industrial IND 1,502.5 2,152.8 FAR 0.45 33,173,989 sf 42,199,991 sf 65,804,785 sf 42,199,991 sf Institutional INS 800.6 FAR 0.2.0.5 6.974740 1 1I.436.850sf Open Space Os 1,010.9 FAR 02 1 8,806,961 sf 8,806,961 sf 4;887:5 45,746,940-s1 ae 1i9-,56,99.jnnn G, Subtotal 1 811.5 15.781.701 sf 26.243,811 sf FAR=Oaof area ratio; d.u.=dwelling uNt; s.f.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. I Effective capacity lar non-residential development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage Disldm Center, and Urban Neighborhood areas. The Harbor Condor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,256 units possible In the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and non-residential development Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. a Land use designation permits high intensity office development with ancillary retail use. This fable has been revised to correspond with the GIS land Use Map illustrated In Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75C-24 ---- A-35 - , _ 75C-25 �- i E O _- N `' mE ca L r- a oaa ¢RUM w ;9 ao n V o^c N , Q $s E _ W N U) L.L Da` o _ rc s€ c o m` A m LS: o v (6 = § ES e o O 7¢ O V Z 1®®�I�®1 - o f 3 u Z O n`EiiziF2Ui�00�[u iin'irrzry dddddd�ddd��*ddd�ddrynprvnn� 3�� � ��� .3Oi J +-: 4i 75C-25 75C-26 N 0 U C _ O 5 Oca m v q d N g< E _ _— eTi J C M J111110®1111 ¢ E K E� Z U U o?? m o U O o a m 0 75C-26 4/16/2018 Addendum to DA No. 1999-1, AA No. 2018-2 and GPA No. 2018-2 Mntor nai Hinh Crhnnl - 17117 1N Friinnor Avant la x sm fI ft.I,R.Mdenn T=Mily Pwalden e SubuA nApartment We'le M, Realdenee Aesidenfal Emu Cemmerchl Residential speaf Ran Sped& Dwalapm... Permed sApPDiK Center SpvM MaN sneer Cemmarclal potM Cpmmunay Cammesaal+puseum D'¢nkt Community CommeNal Pneral Cprnmercni General Cammerclel U,K, lndueniel Neavy Nduanial PW.W.Kl Gpyemment Gnter Open Span Ge Aral ArnmlWnl o. v - vlclnlry conlno a http://apps.spatialstream.com/production/dashboard/8/9/O/CurrentBuild ttSGoK2. nl# if"n250 fee[ A ld MIR Dinital Man Pmdnr . All riohtc rrcnrvpd. 1/1 75C-28 a• Atli" HHHHHHH19 TI i ii ii � � r— ®�fiit8i3,tilE€9IttI11 3 [ it - - - ...... S �_�-01 �I B � t 1 r' i� G_ — Sc!e1•e,e ,l S.t9ei , lFlFffa. fllf I , $i{F � I' -•--t o�t_ €9S1 :ilj �'i�is, li —I .. u --` (tl'Nil lii:tl l .— • B ; � � L�9; t i� E � P[ i civ, IL�.I' _ �'m E tiagl l�'1 Ilgi ih, �Y, i�! a•, - •M I ri � F+ I � . T� It f 1 F�t _} I I } 9�± ` ,.it 1�-iF� :. ••'�'w—.7„� i F F � it tl If 1 3 if!igpI'I B p i LrF.tJ c i pj --tea 1 It i ti� t �I{I � i� i 31 i azi I • , �� '! ilk I I-i-� � �d i = �� (�` �� , � - = [ IT91, ' y; f r[3B i h F�sljl Iii III 1�I II�'i trtl tii .li t III iY td ii y tF I l ll � i :.II o u. --a iiBB 1 9 4II i f' i „f 75C-28 LS 4.23.18 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 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. Mater Dei High School is requesting approval of General Plan Amendment No. 2018-02 to amend the General Plan land use designation of 19 parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the General Plan land use designation of the existing high school campus. B. On April 23, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2018-02. C. On May 15, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2018-02, 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. D. General Plan Amendment No. 2018-02 has been filed to amend the General Plan to change the land use designation of 19 properties located on Berkeley Street, Occidental Street and St. Andrew Place from Low Density Residential (LR -7) to Institutional (INS) to be consistent with the General Plan designation of the existing high school campus. E. The City Council has reviewed the General Plan's policies and has determined that General Plan Amendment No. 2018-02 is consistent with the purpose of the general plan. Exhibit S 75C-29 F. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Section 2. The City Council has considered the information contained in Environmental Impact Report No. 2013-01 that was prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed project was analyzed in the previously prepared EIR and 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 directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-02. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 15, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-02) becomes effective. If said ordinance is for any reason 75C-30 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. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: b4 C -- 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. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75C-31 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 75C-32 City of Santa Ana General flan Land Use Element 1998 City of Santa Ana Planning Division 0 Adopted February 2, 1998 (Reformatted January 2010) The fallowing is a chronology ofthe approved general plan anteadntents that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council rebrnnry 2, 1998 (GPA 1997- 05): GPA 2018-021Pendinol GPA 2011-02 (Jure 6,2011) GPA 2015.01(Penddng) GPA 201"1 (Joe 7,2010) GPA 201702 (December 19,2017) GPA 20602 (July 20, M GPA 2017-01 (Joe 2), 2017) GPA 2007-03 (May 18.200) GPA 2016-03 (February 21, 2017) GPA 200-010.1ay S. 20081 GPA 2016.02 (May 17, 2016) GPA 204-03 (February 2, 200) GPA 2016 01(AprJ 19, 2016) GPA 207-02 (Jure 18.207) GPA 201593 (February 2, 2016) GPA 207-01 pnamh 19.207) GPA 2014-02(October21, 2014) GPA 20601(Oclaber 2,20(6) GPA 2014 01 3.2014) GPA 205.91(Oecember S. 2DDS) GPA 2011,03 (March 19, 2012) GPA 2005-02 (October 17, 2005) GPA 2001-02 (Janus/ 7, 2002) GPA 200401(Apn7 5, 2005, no passed by CPA 20609 (May 7, 2001) the voters of Santa Ana) GPA 2000-08 (February S. 2h11 GPA 2004-04(July19, 2004) GPA 20*03 (December 4, 20 GPA 2G04-06[July6, 2004) GPA 2000-02(November 20, 2C GPA 203.02 (June 16, 2003) GPA 1999-02 (October 18, 1595 GPA 2003-01(February18, 20031 GPA 1990,01 (August 16.1999) GPA 202-01(September 3, 202) GPA 199604 (October 5, 19981 GPA 20243 (August 19. 2002) GPA 1999-05 (September 21, V, GPA 20L03 (February 19, 202) CPA 199801(May4,1996) 75C-33 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units peracre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6x,16&96,456.9 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LIvIR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 1 I units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.1 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN A-19 75C-34 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a Floor area ration of 0.5 to 3.0; with residential density based on a combination of Floor arca ratio and zoning development standards. A total of 279.1 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 of 2,152.8 acres ofland in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of -796-.6800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. A-24 CnY OF SANTA ANA GENERAL PLAN 75C-35 LAND USE ELEMENT Table A-4 _ Land Use Plan Build -out Capacities Intensilyl Effective Buildout Theoretical Land Use J I Acres I nensitiv ! Nuildnrrt Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 Industrial I IND I 2.152.81 FAR OAS I 42,199,991 sf ; Low Density Residential LR -7 8469 9j 7 du/acJ F ..._..--s.,�l II aC�9C 45.198 du 4,627 du Low Medium Density Residential LMR -11 420.6: 11 dulac Medium Density Residential MR -15 ( 370.1 j 15dufac 17 436.850 sf I_ Open Space 5,551 du Subtotal I 7,271. 95,844 du' 55;652 55.824 do District Center Otherz — DC I 309.5 90 du fac --- ----- �__ FAR1.0.2.0 11,955,563 sf I 017 tl L. ..�-- 23,764,53 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du, 54,090sfi 1,221 du Downtown _ DC r—'--IT-----T— 62.5 J FAR 3.0 2,057,824 sf 1,661 du � 57,824 sf�� 1,661 du Metro East OC j 98.3 FAR 3.0 3,245,185 sf 5,551 du —2,0+ 3,245,185 sit 5,551 du Transit Village - ----' DC 51.4 FAR 5.0 IJ 402,864 sf 2,761 du 402,864 sf i 2,161 du Harbor Corridor I DC 125.0 FAR 5.0 1,836,155 sf 2,029 du ---- 1,836,155 sf, 2,029 du Urban Neighborhood_-- N— 276.9 FAR 0.5-3.0 876.546 sf 5,015 du 876,546 sf 876,546 5,016 du Subtotal ! 944.6 20,428,42 at j 21,256 du — ----.. I 32,237,371 sf 21,256 du Professional & Admin. Office PAO 612.4 FAR 0.5-1.0 13,338,072 sf J 26,676,144 sf General Commercial GC C 885.8 ! FAR 0.5-1.0 st 1 38,585,448 sf One Broadway Plaza District Ctrs OBPDC t 4.3 1 FAR 2.9 _-19,292,724 543,193 sf ! 543,193 sf! Subtotal 1,502.5 33,173,989 sf l 65,8O4,785 sin Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 Industrial I IND I 2.152.81 FAR OAS I 42,199,991 sf ; 42,199,991 sf 1i..eri ..-.ns. ry +-=-r r—._*F' °'it^"'-g'"TS�.✓=; __ F ..._..--s.,�l _.d_lL:ti......:: (r' _r, Institutional anon INS I � FAR0205 1 4,349.949s ! f 800.6. 6 97� 4.740 sf_I 17 436.850 sf I_ Open Space — _ _ OS J 1,010.9 I FAR 0.2 ; 8,806,961 sf j _ _ _._L I 8,806,961 sf Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 E m CL -.0 < 0 c — c US c E g,2 0 o a z i o I I I z 11 Hill .—Lela 75C-37 m 75C-38 - 0 S o � cu J�D111��11�1 E 0 Z O o n O m _.J 75C-39 R 75C-40 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1950, Mater Dei High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Dei High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01, allowing the expansion of the campus and the construction of a three-level 1,000 -car parking structure. D. Over the past 58 years, Mater Dei High School has been a community asset, providing religious and educational opportunities to the youth of the community. In an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Dei High School to change the zoning designation from Single -Family Residence (R-1) to Open Space (0) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. Exhibit G Ordinance No. NS-xxxx Page 1 of 4 75C-41 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City's 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has considered the information contained in the previously approved environmental impact report for the mater Dei High School parking Structure and School Expansion project (EIR No. 2013-01) 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, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018 -_(General Plan Amendment No. 2018-02) is adopted and becomes 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. Ordinance No. NS-xxxx Page 2 of 4 75C-42 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15°i day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75C-43 Ordinance No. NS-xxxx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75C-44 Ordinance No. NS-xxxx Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: PUBLIC HEARING —ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988- 01, GENERAL PLAN AMENDMENT NO. 2015-01, AMENDMENT APPLICATION NO. 2015-01 AND ZONING ORDINANCE AMENDMENT NO. 2015-01 TO AMEND THE BRISTOL STREET SPECIFIC PLAN - CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS. 3,2; 5, 3; 5,4) r r Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1:J:k19 =Ik ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°1 Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the addendum to Environmental Impact Report No. 1988-01 for the Bristol Street Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2015-01. 3. Adopt an ordinance approving Amendment Application No. 2015-01. 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2015-01. PLANNING COMMISSION ACTION At its regular meeting on April 9, 2018, the Planning Commission by a vote of 7:0 recommended that the City Council adopt a resolution approving the addendum to Environmental Impact Report No. 1988-01 for the Bristol Street Specific Plan; adopt a resolution approving General Plan Amendment No. 2015-01; adopt an ordinance approving Amendment Application No. 2015-01; and adopt an ordinance approving Zoning Ordinance Amendment No. 2015-01 to amend the Bristol Street Corridor Specific Plan (SP -1). The Planning Commission recommended one modification to the Design Guidelines section of the Bristol Street Specific Plan (Section 6.1.2). This modification requires buildings to be sited as close to Bristol Street as permissible while encouraging parking to be placed at the rear of the site (Exhibit A). DISCUSSION The Bristol Street Corridor is a major arterial street that is approximately 3.9 miles in length and extends from Memory Lane to Warner Avenue. In 1989, the City approved several documents related to improvements to Bristol Street, a project known as the Bristol Street Widening project. One of the documents was the Bristol Street Corridor Specific Plan, which analyzed the existing 75D-1 Addendum to EIR No. 1988-01, AA No. 2015-01, GPA No. 2015-01 & ZOA No. 2015-01 — Amend the Bristol Street Specific Plan May 15, 2018 Page 2 land uses in the area, identified uses that were only minimally impacted and could remain and those that needed to be acquired. The Plan also identified ways to reuse remnant parcels created by the right-of-way acquisitions. Although completed phases of the projects were developed consistent with the Bristol Street Corridor Specific Plan, new phases were designed using a narrower roadway. These recent reductions in the right-of-way increased the number and size of remnant parcels and created an opportunity to generate additional revenues through the sale of the remnant properties. The resulting revenues could then be used to finance unfunded portions of the Bristol Street widening and ultimately complete the project. However, the revised design was not in conformance with the Bristol Street Corridor Specific Plan. As a result, staff is proposing to amend the Bristol Street Corridor Specific Plan to allow potential development along certain parcels within the corridor. Parcels that were previously identified for Parks/Open Space purposes are proposed to be changed to Commercial (if adjacent to existing commercial uses), or to Residential uses if the parcels are adjacent to residential development or are located on a secondary street with no access to Bristol Street. Other proposed land use changes include adding parcels to the Plan that were erroneously omitted from the original Specific Plan document and amending the designation of properties previously identified as Redevelopment District and Conditional Use to either Commercial or Residential to be consistent with the original intent of the Plan. If approved, the Plan will designate 33 parcels of land for potential development. Additionally, properties acquired as part of the Bristol Street improvement project will be added to the list of real properties available for disposition as required in the City's Real Property Disposition Administrative Policy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods); and Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning & Building Agency VF:rb S:RFCA\05-15-18VOA15-01 AA15-01 GPA15-01 Bristol St.cc Exhibits: A. Planning Commission Staff Report B. Resolution C. Ordinance 75D-2 REQUEST FOR Planning Commission Action PLANNING APRIL 9, 2018 TITLE: MEETING DATE: PUBLIC HEARING —ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988-01, GENERAL PLAN AMENDMENT NO. 2015-01, AMENDMENT APPLICATION NO. 2015-01 AND ZONING ORDINANCE AMENDMENT NO. 2015-01 TO AMEND THE BRISTOL STREET SPECIFIC PLAN - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3,2; 5,3; 5,41 Prepared by Vince Fregoso Acting Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Pla ninngg"��aager Adopt a resolution approving the addendum to Environmental Impact Report No. 1988-01 for the Bristol Street Specific Plan; 2. Adopt a resolution approving General Plan Amendment No. 2015-01; 3. Adopt an ordinance approving Amendment Application No. 2015-01; and 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2015-01. Request of the Applicant The City of Santa Ana is requesting approval of several actions in order to amend the Bristol Street Corridor Specific Plan (SP -1), a document originally adopted by the City in 1991. Specifically, the City is requesting approval of an addendum to the previously certified Bristol Street Corridor Specific Plan Environmental Impact Report (EIR), an amendment application (zone change) and general plan amendment to modify the zoning and general plan land use designation of several parcels along the corridor, and a zoning ordinance amendment to update various sections of the existing Bristol Street Corridor Specific Plan document. EXHIBIT A 7501-3 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 2 Project Backaround Beginning in 1989, the City approved several documents related to improvements to Bristol Street, a project known as the Bristol Street Widening project. First, the City adopted a redevelopment plan for the Bristol Street Corridor since the corridor was not physically or economically meeting its designated potential as a major transportation roadway and major commercial corridor. The redevelopment plan was proposed to improve the project area through the elimination of blight and blighting conditions that were preventing the full and effective use of the land. The Plan referenced a need to provide upgraded or new public facilities and services along the corridor, a need to make significant road improvements, the installation of new landscaping, the assemblage of remnant parcels to consider for new development, and the encouragement of new commercial, office and residential development. A primary goal of the Redevelopment Plan included the widening and improvements to Bristol Street. To facilitate this vision, the City approved the Bristol Street Widening Plan in 1991. This Plan included the widening of Bristol Street from four to six lanes, the installation of landscaped medians, enhanced public sidewalks and parkways. As the acquisition of the parcels needed for the street widening commenced, it was apparent that the parcels contained more land than was needed for the widening project, which resulted in long and linear remnant parcels of land remaining along Bristol Street. In conjunction with the Bristol Redevelopment Plan, the City Council approved the Bristol Street Corridor Specific Plan in 1991. This Plan analyzed the existing land uses in the area, identified uses that were only minimally impacted and could remain and those that needed to be acquired. The Plan also identified ways to reuse the remnant parcels created by the right-of-way acquisitions. To date, the completed phases of the corridor have been developed utilizing the existing Specific Plan. However, due to changes in the right-of-way width needed for the street widening project and limitations on funding for the remaining phases of the corridor, the Specific Plan needs to be amended to allow the recapture of additional revenue to assist in funding the final phases of the corridor and complete the project. Project Description The Bristol Street Corridor is a major arterial street that is approximately 3.9 miles in length that extends from Memory Lane to the north to Warner Avenue to the south. The proposed Bristol Street Corridor Specific Plan (Exhibit 1) is intending to change the zoning designation of select parcels along the Bristol Street Corridor. Parcels previously identified for use as Parks/Open Space purposes are proposed to be changed to Commercial (if adjacent to existing commercial uses), or to Residential uses if the parcels are adjacent to residential development or are located on a secondary street with no access to Bristol Street. Other proposed land use changes include adding parcels to the Plan that were erroneously omitted from the original Specific Plan document and amending the designation of properties previously identified as Redevelopment District and Conditional Use to either Commercial or Residential to be consistent with the original intent of the Plan. Table 1 75D-4 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 3 provides a breakdown of the existing and proposed General Plan and Zoning designations for the parcels. Table 1 Existing and Proposed Zoning and General Plan Designations 75D-5 Plan Parcel Bristol Street bilsting Corridor Proposed Land Pfoposed2oning Use and Zoning Changes Existing General Plan Proposed GeneralPlan Block 1 Zoning SP-1—Open Space SP -1— Park with 1 Land.use Open Space (05) Land Use General Commercial (GC) Commercial Option 2 SP-1—Open Space (0) SP -1— Park with open Space (OS) General Commercial (GC) Commercial Option 4 SP -1— Open Space (0) Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RS) Phase IV 5 SP -1— Open Space (0) Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RS) Single -Family 8 SP-1—Open Space (0) Open Space (05) Low Density Residential (LR -7) Residential (RS) 9 SP-1—Open Space (0) Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (Rl ) SP -1 -Arterial Low Density Professional and Administrative Office 18 Commercial (C5) SP-1—Office Residential (1.11-7) (PAO) 22a SP -1 -Arterial SP -1 -Single -Family General Low Density Residential (LR -7) Commercial (CS) Residential (RI) Commercial (GC) Professional & 28 SP -1- Professional (P) SP -1 -Single -Family Administrative Low Density Residential (LR -7) Phase 1 Residential (RI) Office (PAO) SP -1- 34 Residential/Open SP-1—Commercial Open Space (OS) General Commercial (GC) Space Professional and Phase 111 38 SP -1- Professional (P) SP-1—Commercial Administrative General Commercial (GQ Office (PAO) 75D-5 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 4 75D-6 Plan Parcel Bristol Street Corridor Proposed Land ProposedZoning Use and Zoning Changes Existing General Plan Proposed Generalplan g Project Phase Block Zoning ly Land Use Medium Density Land Use 40a SP -1- Open Space (0) ntiaSIngl (RI) Residential (Ri) Residential Residential ( MR- Low Density Residential (LR -7) 15) 40b SPA - Open Space (0) SP -1 -Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RI) 41 SP -1- Open Space (D) SP -1— Park with Open Space (OS) General Commercial (GC) Commercial Option 41a SP -1 -Open Space (0) SP-1—Park with Open Space (OS) General Commercial (GC) Commercial Option 42 SP -1- Redevelopment SP -1- Commercial General No Change District (RD) Commercial (GC) SP -1 -Redevelopment SP -1 -Single -Family Low Density 42a District (RD) Residential (RI) Residential (LR -7) No Change SP -1- Open S (0) SP•1—Park with Open Space (05) General Commercial (GC) 43 Commercial Option 44 SP -1- Redevelopment SP -1 -Commercial General NO Change District (RD) Commercial (GQ 45 SP -1- Open Space (0) SP -1— Park with Open Space (05) General Commercial (GC) Commercial Option Phase II 47 SP -1- Conditional Use SP -1 -Commercial General No Change (CU) Commercial (GC) 48 SP -1- Single -Family SP -1- Commercial Low Density General Commercial (GC) Residential (R1) Residential (LR -7) 51 SP -1 -Park SPA - Single -Family General Low Density Residential (LR -7) w/Commercial Option Residential (Rl) Commercial (GC) SP-1•Park SP -1 -Single -Family General Low Density Residential (LR -7) Sla w/Commercial Option Residential (113) Commercial (GC) 75D-6 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 5 Street specific Plan Bristol Street Corridor Proposed Land Use and Zoning Changes Existing Proposed g Project Phase Block NO. 51b Zoning SP -1- Park SP -1- Single -Family Land Use 1 General Land Use I Low Density Residential (LR 7) w/Commercial Option Residential (RS) Commercial (GC) 53 SP -1 -Open Space (0) SP-1—Park with Open Space (OS) General Commercial (GC) Commercial Option 55 SP -1- Single -Family No Change Open Space (OS) Low Density Residential (LR -7) Residential (R3) 55b SP -1- Open Space (0) SP -1- Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (R3) 56 SP -1- Open Space (0) SP -1- Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RS) Phase III Professional and 58a SP -1- Professional (P) SP -1 -Commercial Administrative General Commercial (GC) Office (PAO) 60b SP -1- Open Space (0) SP -1 -Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RI) 61 SP -1- Open Space (0) SP -1 -Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (Rl) 62 5P -1 -Open Space (0) Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (ft1) Phase V 64 SP -1- Open Space (0) Single -Family Open Space (05) Low Density Residential (LR -7) Residential (RI) 65 SP -1 -Open Space (0) Single -Family Open Space (OS) Low Density Residential (LR -7) Residential (RI) 75D-7 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 6 Analvsis of the Issues Amendment ADDlication The adoption of the Bristol Street Corridor Specific Plan in 1991 resulted in the redesignation of the majority of parcels along the corridor for various uses, including for commercial or office development, with the majority of the parcels identified to be used as a linear park. Since adoption of the Plan, several parcels along the corridor have been redeveloped per the standards identified in the Plan. However, due to a reconsideration in the amount of right-of-way for the remaining segments of the corridor, the size of the remnant parcels has increased, which allows potential development opportunities for these parcdels. The previous right-of-way needed for the widening project was 150 feet; the right-of-way needed for the final phases has been reduced to 128 feet. Development on the parcels identified earlier in this report on Table 1 will allow the City to generate revenue to help offset the cost for improving Bristol Street, revenue that was not anticipated when the Plan was originally adopted. The proposed zone changes will not adversely affect the neighborhoods adjacnet to the Bristol Street boundaries but will be in keeping with the existing land use and subdivision patterns of the area which they are located. General Plan Amendment The City's Land Use Element of the General Plan serves as the long-range guide for land use and development in the City and facilitates growth reflecting the community's vision. The Bristol Street Specific Plan anticipated the widening of Bristol Street from four to six lanes while introducing a series of linear parks with limited new development along the corridor. However, given the reduction in the right-of-way needed to complete the widening project, numerous parcels along the corridor that were once too small to accommodate development are now appropriately sized to facilitate development. Therefore, the proposed general plan amendment to change the land use designations for the parcels listed earlier in this report on Table 1 to reflect their new development potential is supported by staff. The proposed changes to the general plan land use designations will comply with State law as they will be consistent with the proposed zoning designations for the parcels. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan Land Use Element are proposed to be updated to reflect the buildout detailed in the Bristol Street Corridor Specific Plan in order to maintain consistency with the Citys General Plan vision. Zoning Ordinance Amendment Staff is proposing several updates to the existing Bristol Street Corridor Specific Plan (SP -1) document, which requires the approval of a zoning ordinance amendment. Per Santa Ana Municipal Code (SAMC) Section 41-592, the SAMC establishes regulations for the creation of and amendments to specific plans. As stated in the SAMC, the purpose of a specific plan is to protect the health, safety and general welfare of the City by encouraging the use of innovative 75D-8 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 7 planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly and attractive development within the project area. The Bristol Street Corrdior Specific Plan was adopted in an effort to improve Bristol Street as a transportation corridor, to create a strong and viable commercial district along Bristol Street, and to capitalize on the area's strength as a major commercial corridor in the County. While the vision established in 1991 was to revitalize Bristol Street, progress has been limited as commerical land uses did not transition as planned. The proposed Plan builds upon the vision of Bristol Street by allowing additional development opportunities along this corridor. Additional changes proposed to the Bristol Street plan include minor modifications to text to reflect improvements already completed and the updating of the Parcel Inventory Table (Table 5-1) to reflect changes to existing and proposed land uses that have occurred since the Plan was adopted in 1991. In addition, a new ultimate right-of-way of 128 feet has been established for the remainder of the Bristol Street widening project, which is less than the 150 foot right-of-way identified when the project was adopted and shown in the existing document. As a result, revisions to the following figures within the specific plan will be made to reflect the new right-of-way: Street Section (Figure 5-6), Median and Edge Treatment (Figure 5-7), Commercial Prototype (Figure 5-8), Park Prototype (Figure 5-9) and Park Development with Optional Gravel Paving (Figure 5-10). Environmental Impact Report The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an Environmental Impact Report (EIR) be prepared in order to study and analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible. As such, an EIR was prepared for the Bristol Street Corridor Specific Plan in 1991. Since new land uses are proposed for the Bristol Street corridor, new environmental analysis was required to be performed. Pursuant to California Public Resources Code Section 21166, an addendum to the previously certified EIR was prepared. A Draft Addendum to the EIR was originally prepared for the project in 2014 and updated in 2017. The draft addendum analyzed impacts related to aesthetics, agriculture, 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/circulation, and utilities and service systems. Based on this analysis, it was determined that no substantial changes from the approved project would occur from the change in land uses. 75D-9 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 8 Public Outreach An extensive public outreach campaign was conducted throughout the plan area starting in October 2014 to inform the public of the proposed land use changes to the Specific Plan and how to comment on the proposed land use changes. Meetings with several neighborhood associations that are located adjacent to the parcels with their land uses proposed to be modified were held at schools or recreation centers along the corridor (including Spanish translation as needed). Due to delays in the project, neighborhood meetings were again held in late 2016 and 2017. These meetings included outreach to the following neighborhoods: Bristol/Wamer, Santa Ana Memorial Park, Artesia Pilar, Flower Park, Washington Square, Riverview, West Floral Park, Central City, Mid -City and Pico -Lowell. A Notice of Availability (in English and Spanish) for the Draft EIR Addendum and the Draft Specific Plan was sent out to property owners and tenants within 500 feet of the plan area. Additionally, the documents were made available on the City's website and an electronic community message was also sent to a wide distribution of community organizations, neighborhood leaders, and business interests prior to the public review and comment period. In addition to the above outreach efforts, over 2,000 notices were mailed to announce public hearings and availability of the draft Bristol Street documents, including notification of a study session before the Planning Commission in February 2015 and for this meeting. This list is comprised of property owners, occupants and businesses in the project area and located within j 500 feet of the project site. An electronic community message was also sent to a wide distribution of community organizations, neighborhood leaders and business interests one week before the public hearing. While there have been phone calls received throughout the course of this project, at the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Strategic Plan Alianment Approval of this item supports Goal No. 3 Economic Development, Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support neighborhood vitality and livability). Conclusion Based on the project analyses, staff recommends that the Planning Commission recommend that the City Council approve the Addendum to Final Environmental Impact Report No. 1988-01 for the Bristol Street Corridor Specific Plan, General Plan Amendment No. 2015-01, Amendment Application No. 2015-01 and Zoning Ordinance Amendment No. 2015-01. 75D-10 Addendum to EIR No. 1988-01, AA No. 2015-01 GPA No. 2015-01 & ZOA No. 2015-01 April 9, 2018 Page 9 14 A- Vince Fregoso, CP Acting Planning Manager VF/sb VMEPORTSUOA15-01AA 15-0IGPA15-01 BAslol StreeL040918.pc Exhibits: 1. Resolution 2. Ordinance 7501-11 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988- 01 (ENVIRONMENTAL REVIEW NO. 2016-75) AND GENERAL PLAN AMENDMENT NO. 2015-01 FOR THE BRISTOL STREET CORRIDOR SPECIFIC PLAN 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 City of Santa Ana (Applicant) is requesting approval of General Plan Amendment No. 2015-01 to amend the General Plan land use designation of various properties located along the Bristol Street Corridor Specific Plan boundaries to reflect the changes in zoning designations along the same corridor to facilitate development on various parcels of land. B. On April 9, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting the addendum to Environmental Impact Report No. 1988-01 (Environmental Review No. 2016-75) and approving General Plan Amendment No. 2015-01, a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's Bristol Street Specific Corridor webpage. C. On May 15, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2015-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. General Plan Amendment No. 2015-01 has been filed to amend the General Plan to change the land use designation of various properties along the Bristol Street Corridor Specific Plan boundaries as shown on Exhibit A to Low -Density Residential (LR), General Commercial (GC) and Open Space (OS) designations. E. The City Council has reviewed the General Plan's policies and has determined that General Plan Amendment No. 2015-01 is consistent with the purpose of the general plan. EXHIBIT 1 75D-12 Section 2. The City Council has reviewed and considered the information contained in the Addendum to the Environmental Impact Report No. 1988-01 (Environmental Review No. 2016-75), 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 addendum 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 addendum and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2015-01. The amendments to the Land Use Element are attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 15, 2018, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2015-01 and ZOA No. 2015-01) 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. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor 75D-13 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 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. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2018. Date: Clerk of the Council City of Santa Ana 75D-14 EXHIBIT A IIIF_1311*930Z! 019iLy:1MIA 0I:1:L•1M%IA_1�I_1dI:IkJI9ll�il:I►1�y 75D-15 Bristol Street Corridor Proposed Land Use and Zoning Changes et Plan Widening 'Parcel Existing ProposedZonlng Existing General Plan Proposed I GeneralPlon project Blockz Phase Zoning Land Use' Land Use General Open Space(OS) 1 SP-1—Open Space SP-1—Park with Commercial Option Commercial (GC) General Open Space(OS) 2 SP-1—Open Space (0) SP-1—Park with Commercial Option Commercial (GC) Low Density 4 SP-1—Open Space (0) Single -Family Residential (Rl) Open Space Residential (OS) (LR 7) Low Density 5 SP-1—Open Space (0) Single -Family Residential (RI) Open Space Residential Phase IV (OS) Low Density Open Space 8 SP-1—Open Space (0) SinglrFamily Residential (111) Residential (OS) (LR -7) Low Density 9 SP-1—Open Space (0) Single -Family Residential (RI ) (OS)n Space Residential (LR -7) Professional Low Density and 18 SP -1 -Arterial Commercial (CS) SP-1—Office Residential Administrative (LR -7) Office (PAO) General Low Density 22a SP -1- Arterial Commercial (C5) SP -1 -Single -Family Residential (111) Commercial Residential (GC) (1-11-7) Professional & Low Density Phase 1 28 SP -1- Professional (P) SP -1- Single -Family Residential (Rl) Administrative Residential Office (PAO) (1-11-7) General 34 SP-1—Residential/Open Space SP-1—Commercial Open Space(OS) Commercial (GC) Phase III 38 SP -1- Professional (P) SP-1—Commercial Professional General and Commercial 75D-15 Specific Street Widening Plan - Parce Bristol Street Corridor Proposed Existing Land Use and Zoning Changes Existing Proposed Zoning General Plan proposed General Plan Project Phase Block Zoning Land Use' Administrative land use (GC) Office (PAO) Medium Low Density 40a SP -1 -Open Space (0) SP -1 -Single -Family Residential (111) Density Residential Residential ( (LR 7) MR -15) Low Density Open Space 40b SP -1- Open Space (0) SP -1- Single -Family Residential (RI) Residential (OS) (LR 7) General 41 SP -1- Open Space (0) SP-1—Park with Commercial Option Open Space Commercial (GC) General 41a SP -1 -Open Space (0) SP -1— Park with Commercial Option (OS'n Space Commercial (GC) General 42 SP -1- Redevelopment District (RD) SP -1- Commercial Commercial No Change (GC) Low Density 42a SP -1- Redevelopment District (RD) SP -1- Single -Family Residential (Rl) Residential No Change (LR -7) General Open Space SP -1- Open S (0) SP-1—Park with Commercial Option Commercial 43 (GC) General 44 SP -1- Redevelopment District (RD) SP -1- Commercial Commercial No Change Phase II (GC) General Open Space(OS) 45 SP -1 -Open Space (0) SP-1—Park with Commercial Option Commercial (GC) General 47 SP -1- Conditional Use (CU) SP -1- Commercial Commercial No Change (GC) 48 SP -1 -Single -Family Residential(R1) SP -1 -Commercial Low Density General Residential Commercial 75D-16 street Specific Bristol Street Corridor Proposed Land Use and Zoning Changes widening Phase plan Parcel Block No. Existing Proposed Zoning Exating ;General .11 d use Proposed "Uri Land,Use (LR-7) (GC) General Low Density 51 SP-1-Park w/Commercial Option SP-1-Single-Family Residential (111) Commercial Residential (GC) (LR-7) Low Density General Residential 51a SP-1-Park w/Commercial Option SP-1-Single-Family Residential (R1) Commercial (1-11-7) (GC) General Low Density Slb SP-1-Park w/Commercial Option SP-1-Single-Family Residential (111) Commercial Residential (GC) (LR 7) General 53 SP-1-Open Space (0) SP-1— Park with Commercial Option (Opsin Space Commercial (GC) Low Density Open Space 55 SP-1- Single -Family Residential (R1) No Change Residential (05) (LR_7) Low Density Space 55b SP-1- Open Space (0) SP-1-Single-Family Residential (111) Residential (OS) (OS) (LR 7) Low Density 56 SP-1- Open Space (0) SP-1- Single -Family Residential (131) Space Residential (OS) (OS) (LR-7) Phase III Professional General and 58a SP-1- Professional (P) SP-1-Commercial Commercial Administrative (GC) Office (PAO) Low Density 60b SP-1- Open Space (0) SP-1- Single -Family Residential (RI) Open Space Residential (OS) (LR-7) Phase V 61 SP-1- Open Space (0) SP-1- Single -Family Residential (111) Open Space Low Density (OS) Residential 75D-17 75D-18 Bristol Street Corridor Proposed Land Use and Zoning Changes Street Plan Widening Parcel Pr9ject Block Existing Zoning GeneralSpecific Ii Existing Proposed ProposedZoni ; ng use 'Land Usephase) (LR -7) Low Density 62 SP -1- Open Space (0) Single -Family Residential (RI) Open Space Residential (OS) (LR 7) Low Density 64 SP -1- Open Space (0) Single -Family Residential (111) Open Space Residential (OS) (LR -7) Low Density Open Space 65 SP -1- Open Space (0) Single -Family Residential (R1) Residential (OS) (LR 7) 75D-18 EXHIBIT B GENERAL PLAN LAND USE ELEMENT CHANGES City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the cum prehensive update of the General Plan Land Use Element adopted by the Santa Ma City Council February 2, 1998 (GPzX 1997- 05): GPA 2016-03 (Febmary 21,: GPA 2016-02 (May 17, 2016 GPA 201601(Apn119. 2011 GPA 2015-03 (Febmary 2, 21 GPA 2014-02 (October 21, 2 GPA 2014-01(June3, 2014) GPA 2011-03 (March 19,20' GPA 2011-02 (June 6.2011) GPA 2005-02(Oclober 17,2005) GPA 2001-02(January 7,2002) GPA 2004-01(April 5, 2005. as passed by GPA 2W0-09 (May 7, 2001) Uawtes of Santa Ana) GPA 20D0,08(Febmary5, 2001) GPA 2W4-04(Juty 19,2004) GPA2000-03(Decwmw,1,2000) GPA 2004-06(July 6. 2004) GPA 2000,02 (November 20,2000) GPA 2003-02 (June 16, 2003) GPA 1999-02 (Oclober 18. 1999) GPA 2W301(Febmary 18, 2003) GPA 1999-01 (August 16.1999) GPA 2002M (Seplember 3,2002) GPA 1998-04 (October 5, 1998) GPA 2002-03 (August 19, 2002) GPA 199HS(September 21, 1998) GPA 2001-03 (Febmary 19, 2002) GPA 199a-01(May 4. 1998) 75D-19 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6;1-57:76,460.9 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to I 1 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (1VIR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.1 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. r -.;L . CfrY OF SANTA ANA GENERAL PLAN A-19 75D-20 LAND USE ELEMENT Commercial The Land Use Plan identifies three land use designations thatencourage a variety of office, retail and commercial enterprises to serve the community. ■ The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors inclose proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street A total of 61,62 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. A-20 The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (I-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parka; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. 75D-21 CITY OF SANTA ANA GENERAL PIAN 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 floorarea ratio of0.54.0, though most General Commercial districts have a FAR of 0.5. A total of $8?4885.8 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 includingotFce 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; and • 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 F.A.R. of2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark 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-5. it r a t+ CITY Of SANTA ANA GENERAL PLAN A-21 75D-22 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 279.1 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 796:3796.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of -I 91-5-81010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. i _1 A-24 75D-23 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT As indicated in Table A-4, between 76,43876998 to 95,844 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character ofdevelopment. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to3� no, "x533.173.989 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. rl� A-34 C[TY OF SANTA ANA GENERAL PLAN 75D-24 LAND USE ELEMENT Table A-4 Use I I Acres Theoretical 0o Y�OA 9c zzo u Low Density Residential LR -7 u AS„ 7 du/ac Low Medium Density Residential LMR -11 420.6 11 du/ac 4,627 du Medium Density Residential MR -15 370.1 15 du/ac 5,551du Subtotal 72-`1.6 95,844 du' 55.652 dr IOAR A CC RR7 A. District Center Others DC 309.5 90 du Jac FAR 1.0-2.0 11.955,583 sf 3,017 du 23,764,534 sl 3,017 du Heritage DC 18.8 FAR 1.7 54,090 at 1,221 du 54.090sl 1,221 du Downtown DC 62.5 FAR 3.0 i 2,057,824 at 1,661 du 2,057,824 sf 1,661 du Metro East OC 98.3 FAR 3.0 I 3,245,185 sf 5,551 du 3,245,185 all 5,551 du TransitVillage DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864s 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 at 2,029 du 1,836,155 s 2,029 du Urban Neighborhood UN 276.9 FAR 0.5-3.0 876,546 at 5,016 du 876,546 s 5,016 du Subtotal , I 944.6 20,428,42 at 21,256 du 32,237,371 air 21,256 du Professional &Admin. Office PAo�, 612.4 FAR 0.5-1.0 13.338.072 at 26.676.144 at 43375;4069 261 ^� General Commerclal GC 885.8 FAR 0.5-1.0 19.292.724 sf 38.585.448 sl 98" 49, , r ao 434,29 .a One Broadway Plaza District CW OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal 1 502.5 11 L (I RO 33.173.989 sf 33.139,745 a 65.804.785 sl 6 7311.4M nr t� I Industrial IND 2,152.8 FAR 0.45 42,199,991 sl 42,199,991 sf K Institutional INS I 796.6 FAR 0.2-0.5 6.939.979 s f 17.349.948 sf �" &W456-611 17�A Open Space Os 1 010.9 4,015.8 FAR 0.2 8.806.951 sf @.849.65G-9 8.806.961 st &.8496590 Subtotal 1 807.5 918424 15.746.940 sf 411..,moo' •, 26.156.909 sf 2§194-. 4 ren=nuur area rauo; u.u.=uweamg umr, s.r: square icer tar poor areal. Acreage snown m moie aces nor mcmae mans m ngni-oo-way. I Effective caparary for non-residential development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas aumv a range of intensity for m6dure of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and non-residential development Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for corNnuum of care and housing seniors. I Land use designation permits high intensity office development with ancillary retail use. 7his table has been revised to commend with the GAS land Use Man i@rshatedin Fehihil9 CITY OF SANTA ANA GENERAL PLAN 75D-25 A-35 75D-26 - -f ca cu E0 ! c: ( { \ ,:-_ _- /\}± c _ j\\/ \ /24 )j\::)}! - ^■kkQ■)k■/\\2§ae/----- §\ 2E -z: s�jj\)\\§ oil m 75D-26 75D-27 § _m A, )\ § co lam (*t / \ _- ){))((_m={§) / _ �2k�j\�0 7 0 » 75D-27 ORDINANCE NO. NS -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In May 1991, the City Council approved various documents for the improvement and widening of Bristol Street, including a Plan identified as the Bristol Street Corridor Specific Plan. This plan was intended to provide the framework for future redevelopment of a 3.9 mile section of the Bristol Street Corridor in the central portion of the City. B. Over the past 25 years, improvements to the corridor have been made that are consistent with the goals and objectives of the Plan. However, recent changes in right-of-way needs have resulted in a need to modify the plan that will continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City. C. Amendment Application No. 2015-01 has been filed by the City of Santa Ana to change the zoning designation of various parcels located along the Bristol Street Corridor Specific Plan boundaries. D. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into residential or commercial uses, thereby being consistent with the goals and objectives of the Plan. E. Zoning Ordinance Amendment No. 2015-01 will amend the existing Bristol Street Corridor Specific Plan (SP1), a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's Bristol Street Specific Corridor webpage. F. On April 9, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2015-01 subject to a modification to the plan that requires parking be located at the rear of any new building. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2015-01, and Zoning Ordinance Ordinance No. NS-xx Page 1 of 7 75D-28 Amendment No. 2015-01 to amend the Bristol Street Corridor Specific Plan. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2015-01 and Zoning Ordinance Amendment No. 2015-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the Addendum to the previously approved environmental impact report for the Bristol Street Corridor Specific Plan (EIR No. 1988-1) 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, the proposed Addendum meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018- (Addendum to Environmental Impact Report No. 1988-01 and General Plan Amendment No. 2015-01) 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 4. If any section, subsection, 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, or portions be declared invalid or unconstitutional. Ordinance No. NS-xx Page 2 of 7 75D-29 ADOPTED this 15" day of May, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IN Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers /11.011F_1h�eerewomreI-1ilTM NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75D-30 Ordinance No. NS-xx Page 3 of 7 EXHIBIT A TABLE OF PROPOSED ZONE CHANGES Ordinance No. NS-xx Page 4 of 7 75D-31 Bristol Street Corridor Proposed Land Use and Zoning Changes Existing Zoning Proposed Zoning Existing Propo . sed Land Use' Land Use General SP-1—Park with Commercial Open Space 1 SP-1—Open Space Commercial Option (OS) (GC) General SP -1— Park with Commercial Open Space 2 SP-1—Open Space (0) Commercial Option (05) (GC) Low Density Open Space 4 SP-1—Open Space (0) Single -Family Residential (Rl) Residential (OS) (LR -7) Low Density 5 SP-1—Open Space (0) Single -Family Residential (111) Open Space Residential (OS) Phase IV (LR -7) Low Density Open Space 8 SP-1—Open Space (0) Single -Family Residential (111) Residential (OS) (LR -7) Low Density Open Space 9 SP-1—Open Space (0) Single -Family Residential (RI ) Residential (OS) Professional Low Density and 18 SP -1- Arterial Commercial (C5) SP-1—Office Residential Administrativ (LR -7) a Office (PAO) General Low Density SP -1 -Single -Family Residential 22a SP -1 -Arterial Commercial (CS) Commercial Residential (R1) (GC) (LR -7) Professional Phase I & Low Density SP -1- Single -Family Residential 28 SP -1- Professional (P) Administrativ Residential (R1) e Office (LR -7) (PAO) 34 SP-1—Residential/Open Space SP-1—Commercial Open Space General Ordinance No. NS-xx Page 4 of 7 75D-31 Street Specifil Bristol Street Corridor Proposed Land Use and Zoning Changes t Widenin 9 Project. Phase , c Plan Parcel Block Existing Zoning ProposeclZoning, Existing General Plan Land Use Proposed Generalplan Land Use (OS) Commercial (GC) Professional and General 38 SP -1- Professional (P) SP-1—Commercial Administrativ Commercial e Office (GC) (PAO) Medium SP -1 -Single -Family Residential Density Low Density 40a SP -1 -Open Space (0) Residential (111) Residential ( LR 7) ( MR -15) SP -1 -Single -Family Residential Open Space Low Density Phase III 40b SP -1- Open Space (0) (Rl) (OS) Residential (LR -7) General SP -1— Park with Commercial Open Space 41 SP -1 -Open Space (0) Commercial Option (OS) (GC) General SP-1—Park with Commercial Open Space 41a SP -1- Open Space (0) Commercial Option (OS) (GC) General SP -1- Redevelopment District 42 SP -1- Commercial Commercial No Change (RD) (GC) SP -1- Redevelopment District SP -1- Single -Family Residential Low Density 42a Residential No Change (RD) (Rl) (LR -7) General SP-1—Park with Commercial Open Space SP -1 - Open S (0) Commercial 43 Option (OS) (GC) Phase II General SP -1- Redevelopment District 44 (RD) SP -1- Commercial Commercial No Change (GC) General SP -1— Park with Commercial Open Space 45 SP -1- Open Space (0) Commercial Option (OS) (GC) Ordinance No. NS-xx Page 5 of 7 75D-32 Ordinance No. NS-xx Page 6 of 7 75D-33 Specif, Bristol Street Corridor Proposed Land Use and Zoning Changes Street Widenin c Plan Parcel Existing ProposedZonlng Existing General Plan Proposed General Plan g Project Phase Block Zoning Land.Use Land Use General 47 SP -1- Conditional Use (CU) SP -1- Commercial Commercial No Change (GC) Low Density General SP -1 -Single -Family Residential 48 SP -1- Commercial Residential Commercial (R1) (LR -7) (GC) General Low Density SP -1 -Single -Family Residential 51 SP -1 -Park w/Commercial Option Commercial Residential (R1) (GC) (LR -7) Low Density General Residential SP -1 -Single -Family Residential Sla SP -1 -Park w/Commercial Option Commercial (LR -7) (Rl) (GC) General Low Density SP -1 -Single -Family Residential Slb SP -1 -Park w/Commercial Option Commercial Residential (R1) (GC) (LR 7) General SP -1— Park with Commercial Open Space 53 SP -1 -Open Space (0) Commercial Option (OS) (GC) Low Density SP -1- Single -Family Residential Open Space 55 No Change Residential (R1) (OS) (LR -7) Low Density SP -1 -Single -Family Residential Open Space 55b SP -1 -Open Space (0) Residential (111) (OS) (LR -7) Low Density SP -1- Single -Family Residential Open Space Phase III 56 SP -1- Open Space (0) Residential (Rl) (05) (LR -7) Professional and General 58a SP -1- Professional (P) SP -1- Commercial Administrativ Commercial e Office (GC) (PAO) 60b SP -1 -Open Space (0) SP -1 -Single -Family Residential Open Space Ordinance No. NS-xx Page 6 of 7 75D-33 Bristol Street Corridor Proposed Land Use and Zoning Changes Street Wide nin speciff c Plan Existing Existing J! Proposed - 9 Project Phas Parcel Block Zoning Proposed Zoning Genera— Land'Use General Plan Land Use (Rl) (OS) Low Density Residential (LR -7) SP -1- Single -Family Residential Open Space Low Density 61 SP -1- Open Space (0) Residential (RI) (OS) (LR -7) Low Density 62 SP -1- Open Space (0) Single -Family Residential (Rl) Open Space Residential (OS) (LR -7) Phase V Low Density 64 SP -1- Open Space (0) Single -Family Residential (R1) Open Space Residential (OS) (LR -7) Low Density 65 SP -1- Open Space (0) Single -Family Residential (RI) Open Space Residential (OS) (LR -7) Ordinance No. NS-xx Page 7 of 7 75D-34 RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988- 01 (ENVIRONMENTAL REVIEW NO. 2016-75) AND GENERAL PLAN AMENDMENT NO. 2015-01 FOR THE BRISTOL STREET CORRIDOR SPECIFIC PLAN 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 City of Santa Ana (Applicant) is requesting approval of General Plan Amendment No. 2015-01 to amend the General Plan land use designation of various properties located along the Bristol Street Corridor Specific Plan boundaries to reflect the changes in zoning designations along the same corridor to facilitate development on various parcels of land. B. On April 9, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting the addendum to Environmental Impact Report No. 1988-01 (Environmental Review No. 2016-75) and approving General Plan Amendment No. 2015-01, a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's Bristol Street Specific Corridor webpage. C. On May 15, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2015-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. General Plan Amendment No. 2015-01 has been filed to amend the General Plan to change the land use designation of various properties along the Bristol Street Corridor Specific Plan boundaries as shown on Exhibit A to Low -Density Residential (LR), General Commercial (GC) and Open Space (OS) designations. E. The City Council has reviewed the General Plan's policies and has determined that General Plan Amendment No. 2015-01 is consistent with the purpose of the general plan. Exhibit 15 75D-35 Section 2. The City Council has reviewed and considered the information contained in the Addendum to the Environmental Impact Report No. 1988-01 (Environmental Review No. 2016-75), 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 addendum 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 addendum and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2015-01. The amendments to the Land Use Element are attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 15, 2018, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2015-01 and ZOA No. 2015-01) 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. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor 75D-36 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 6�I z 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. 2018-M to be the original resolution adopted by the City Council of the City of Santa Ana on ..2018. Date: Clerk of the Council City of Santa Ana 75D-37 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 75D-38 LEW Bristol Street Corridor Proposed Land Use and Zoning Changes LdndUse fund, Use General 1 SP -1 -Open Space SP-1-Parkwith Commercial Option Open Space Commercial (OS) (GC) General Space 2 SP -1 -Open Space (0) SP -1- Park with Commercial Option (OS)n Commercial (GC) Low Density 4 SP -1 -Open Space (0) Single -Family Residential (113) Open Space Residential (OS) (LR -7) Low Density Open Space 5 SP -1 -Open Space (0) Single -Family Residential (111) Residential Phase IV (OS) (LR -7) Low Density Open Space 8 SP -1 -Open Space (0) Single -Family Residential (RS) Residential (OS) (LR 7) Low Density Open Space 9 SP -1 -Open Space (0) Single -Family Residential (RS) Residential (OS) (LR 7) Professional Low Density and 18 SP -1- Arterial Commercial (CS) SP -1 -Office Residential Administrative (LR -7) Office (PAO) General Low Density 22a SP -1- Arterial Commercial (C5) SP -1 -Single -Family Residential (111) Commercial Residential (GQ (1.11-7) Professional & Low Density Phase 28 SP -1- Professional (P) SP -1 -Single -Family Residential (111) Administrative Residential Office (PAO) (LR -7) General 34 SP-1-Residential/Open Space SP -1 -Commercial Open Spate(OS) Commercial (GC) Phase 111 38 SP -1- Professional (P) SP -1 -Commercial Professional General and Commercial 75D-38 Street Bristol Street Corridor Proposed Land Use and Zoning Changes 1, . Parcel Prolect Block Phase No. Zoning Proposed Proposed Zoning General Plan GeneralPlanz P Lan&Usel Land Use Administrative (GC) Office (PAO) Medium Low Density 40a SP -1 -Open Space (0) SP -1 -Single -Family Residential (RI) Density Residential Residential ( (LR7) MR -15) Low Density 40b SP -1 -Open Space (0) SP -1 -Single -Family Residential (RS) Open Space Residential (OS) (LR -7) General 41 SP -1 -Open Space (0) SP-1—Park with Commercial Option Open Space(OS) Commercial (GC) General 41a SP-1.Open Space (0) SP -1— Park with Commercial Option Open Space Commercial' (OS) (GC) General 42 SP -1- Redevelopment District (RD) SP -1- Commercial Commercial No Change (GC) Low Density 42a SP -1- Redevelopment District (RD) SP -1- Single -Family Residential (RI) Residential No Change (LR -7) General SP -1- Open S(0) SP -1— Park with Commercial Option Open Space Commercial 43 (OS) (GC) General 44 SP -1- Redevelopment District (RD) SP -1- Commercial Commercial No Change Phase II (GC) General 45 SP -1- Open Space (0) SP -1— Park with Commercial Option Space Commercial 'Open (GC) General 47 SP -1- Conditional Use (CU) SP -1- Commercial Commercial No Change (GC) 48 SP -1 -Single -Family Residential(RS) SP -1 -Commercial Low Density General Residential Commercial 75D-39 Street Kiide�lng Speciflic Plan Parcel Bristol Street Corridor Proposed Land Use and Zoning Changes Existing Existing Proposed Zoning Generalfilon Proposed GenerolPlan Project Phase Block Zoning I Land Use Land Use General Low Density 51 SP -1 -Pads w/Commercial Option SP -1 -Single -Family Residential (RI) Commercial Residential (GC) (LR -7) Low Density General Residential Sla SP -1 -Park w/Commercial Option SP -1 -Single -Family Residential(Rl) Commercial (LR -7) (GC) General, Low Density 51b SP -1 -Park w/Commercial Option SP -1 -Single -Family Residential(RS) Commercial Residential (GC) (LR 7) General 53 SP -1 -Open Space (0) SP -1— Park with Commercial Option Open Space Commercial (OS) (GC) Low Density 55 SP -1 -Single -Family Residential (111) No Change Open Space Residential (OS) (LR 7) low Density SSb SP -1 -Open Space (0) SP -1 -Single -Family Residential (RI) Open Space Residential (DS) (LR -7) Low Density 56 SP -1 -Open Space (0) SP -1 -Single -Family Residential (RI) Open Space Residential (OS) (LR 7) Phase III Professional General 58a SP -1- Professional (P) SP -1 -Commercial and Commercial Administrative (GC) Office (PAO) Low Density 60b SP -1 -Open Space (0) SP -1 -Single -Family Residential(RS) Open Space Residential (DS) (LR 7) Phase V 61 SP -1- Open Space (0) SP -1 -Single -Family Residential (R1) Open Space Low Density (OS) Residential 75D-40 75D-41 Bristol Street Corridor Proposed Specific Land Use and Zoning Changes Pha p1d,: parcel, Pioposed'Zoning. Proposed (LR -7) Low Density 62 SPA -Open Space (0) Single -Family Residential (RI) Open Space Residential (OS) (LR -7) Low Density 64 SP -1- Open Space (0) Single -Family Residential (R3) Open Space Residential (OS) (LR -7) Low Density 65 SP -1 -Open Space (0) Single -Family Residential (RS) Open Space Residential (OS) (LR -7) 75D-41 75D-42 EXHIBIT B GENERAL PLAN LAND USE ELEMENT CHANGES City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010 The lollowing is a chronology of the approved general plan amendments that have been incorporated intothis docunseut since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GFA 1997- 05): GPA 2015411Pendim) GPA 2017-02 (DKw ben 19,2017) GPA 2017-01(June20, 2017) GPA 2016-03 (February 21, 2017) GPA 2016-02 (May 17, 2016) GPA 2016-01( April 19,1(116) GPA 2015-03 (February 2, 2016) GPA 2014-02 (Ocbber 21, 2014) GPA 2014-01 (June 3, 2014) GPA 2011-03 (Manch 1% 201 2) GPA 2011-02 (June 6, 2011) GPA 2011-02 (June 6, 2011) GPA 201MI (J"?, 2010) GPA 2008-02 (July 20, 2089) GPA 2007-03 (Mar 16, 2009) GPA 200&01 (May 5, 2008) GPA 201 (February 2, 2009) GPA 21107-02 (June 16, 20011 GPA 2007-01(March 19, 2D07) GPA 2W"l (Ocbber 2.2006) GPA 200501(Deceu ber 5, 2005) GPA 200502 (October 17, 2005) GPA 200401(April 5, 2005, as Passed by ai9 unions of Sada Ana) GPA 200-4 (July 19, 20041 GPA 200-6 (July 6, 2004) GPA 2083-02 (June 16, 2003) GPA 2003-01(February18, 2003) GPA 2002-01 (September 3, 2002) GPA 2002-03 (August 19, 2[182) GPA 2001-03 (February 19. 2002) 75D-43 GPA 2001-02 (January 7, 2002) GPA 2000-09 (May 7, 2001) GPA 2000-08 (February 5, 2001) GPA 2000-03 (Decerbtt 4. 2000) GPA 200002 (Novenber 20, 2000) GPA 199942(Ocbber 18, 1999) GPA 199MI (August 16,1999) GPA 1998-04 (October 5,1998) GPA 19WOS ISeplember 21, 1998) GPA 1998-01 (May 4. 1998) LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6; 5746, 660.9 acres) representing 47 percent of the City's total land area. • The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to l 1 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.1 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN 75D-44 LAND USE ELEMENT Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community. A-20 The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 6+44612.4 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (I-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. 75D-45 CITY OF SANTA ANA GENERAL PIAN 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 of0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of $8-23885.8 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; and • 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 F.A.R. of2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark 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-5. CITY OF SANTA ANA GENERAL PLAN 75D-46 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 279.1 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 of 2,152.8 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of ;96:3796.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of -1;9i 5-81010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. CITY OF SANTA ANA GENERAL PLAN 7501-47 LAND USE ELEMENT As indicated in Table A-4, between 76,4382098 to 95,844 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 33-,136-,74-533 .173.989 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 75D-48 LAND USE ELEMENT Table A-4 Land Use Plan Build -out Capacities Intensity/ Effective Buildoull Theoretical Land Use Acres Buildoul .... .. _ .. .. s 4en 9 .. I 45 99R M, Low Density nesldennal Low Medium Density Residential Medium Density Residential Subbtal Mixed Use LH -1 LMR -11 MR -15 6-44F-7, 420.61 370.1 772m 7 24a_4 r ow4c 11 dlYac 15 dttrac Non Res. I 95,944 do, Res. 4a2g4 du 4,627 du Non -Res. 5,551du u Res. DisMct Center Other" Heritage DC 309.5 18.8 62.5 98.3 u /ac 90 10-2.0 FAR out -2. 0 FAR 1.7 FAR 3.0 FAR 3.0 11,955,583 at 54,090 of 2,057,824 at 3,245,185 sf 3,017 du 23,764,534 3,017 du 0C 1,221 du 54,090 at _ 1,221 du Downtown Metro East Transit Village DC 1,661 du 2,057,824 at 1,661 du DC 5,551 du 3,245,185 sf 5,551 du DC 51.4 FAR 5.0 402,864 at —2,761 dur --402,864 at 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1.836.155 at 1 2,029 du, --1,836,155 al 2,029 du Urban Neighborhood Subtotal Commercial 191 216.9 FAR 0.5.0 876,546 of 5,016 du 876,546 s l 5,016 du 944.9 11111,6284011 21, 9 du 32,237,371 sl� 21,25641 Professional R Admin. Office PAOSs FAR 0.5.1.0 134Sr373&�4 6" 26.263 2 8BB f 1 General Commercial GC -�,@ 8823 FM 0.51.0 19.292.724 st 497.14 ,.. _ 38.585.448 sr 1 ,,, One Broadway Plaza District Ctrs Subtotal Industrial r Institutional Open Space Subtotal OBPDC 9q INS OS 4.3 1.502.5 4-699-8 2152.8 796:6 y?4' 1 0 10.9 i Baa 9 1 807.5 T,&3Z.4 FAR 2.9 FM 0.45 FAR 02-0.5 FAR 02 543,193 full, ._..._ I 543,193 sf 33.173.989 sr 33,436,7456 42,199,991 at fr,937-i5&6r 85.964.7954 6F720297-4 r-___-- 42,199,991 of 17.34A948 of vo�on�.r 8.806.961 sf------T 11,4,14145 4 9.806.961 sf 26.156.908: 26,194,944 G 15.746.940 sf 45797;487-N FAR=fbor area ratio; d.u.=dwelling unit; s.1.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. I Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Comtlor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mature of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. Land use designation permits both residential and non-residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with Ne exception of Town and Country Manor project intended for continuum of care and housing seniors. A Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond Writ the GIS Land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75D-49 N $� C` N e aeenee.ne xaenex:keoeroonS� ^ N a cc a� Q S E a r a o LL 20, n� Q4a F C w s ; N Fg_ c 8 o Y ". .a L - L D 9 f6 rc fE �' a o u? z o 11111111 IME II:Fe€=3$5d eLLd`n�a7$YYY�`eF ci V22FS�V FV Ou iFaZFr2F hbdib ibd iiibd iiH�ryrr o', Z m _, I v m 75D-50 75D-51 amadro.. - nn�: I Y 75D-52 ORDINANCE NO, NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In May 1991, the City Council approved various documents for the improvement and widening of Bristol Street, including a Plan identified as the Bristol Street Corridor Specific Plan. This plan was intended to provide the framework for future redevelopment of a 3.9 mile section of the Bristol Street Corridor in the central portion of the City. B. Over the past 25 years, improvements to the corridor have been made that are consistent with the goals and objectives of the Plan. However, recent changes in right-of-way needs have resulted in a need to modify the plan that will continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City. C. Amendment Application No. 2015-01 has been filed by the City of Santa Ana to change the zoning designation of various parcels located along the Bristol Street Corridor Specific Plan boundaries. D. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into residential or commercial uses, thereby being consistent with the goals and objectives of the Plan. E. Zoning Ordinance Amendment No. 2015-01 will amend the existing Bristol Street Corridor Specific Plan (SP1), a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's Bristol Street Specific Corridor webpage. F. On April 9, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2015-01 subject to a modification to the plan that requires parking be located at the rear of any new building. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2015-01, and Zoning Ordinance Exhibit Ordinance No. NS-xx Page 1 of 8 7501-53 Amendment No. 2015-01 to amend the Bristol Street Corridor Specific Plan. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2015-01 and Zoning Ordinance Amendment No. 2015-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the Addendum to the previously approved environmental impact report for the Bristol Street Corridor Specific Plan (EIR No. 1988-1) 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, the proposed Addendum meets all the requirements of CEQA. Section 3. The real properties located along the Bristol Street Corridor in Santa Ana are hereby reclassified to Specific Plan No. 1 (SP -1). Amended Sectional District Maps, showing the above described changes in use district designations, are hereby approved and attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. Section 4 . This ordinance shall not be effective unless and until Resolution No. 2018 (Addendum to Environmental Impact Report No. 1988-01 and General Plan Amendment No. 2015-01) 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. Ordinance No. NS-xx Page 2 of 8 7501-54 ADOPTED this 151" day of May, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ( em 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 Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 7501-55 Ordinance No. NS-xx Page 3 of 8 EXHIBIT A TABLE OF PROPOSED ZONE CHANGES Street Widenin Bristol Street Corridor Proposed Land Use and Zoning Changes Specli c Plan Existing Parcel ProposeciZoning Existing General Plan Proposed General Plan g Project Phase Zoning Block Land Use Land Use General SP-1—Park with Commercial Open Space 1 SP -1— Open Space Commercial Option (OS) (GC) General SP -1— Park with Commercial Open Space 2 SP-1—Open Space (0) Commercial Option (OS) (GC) Low Density 4 SP-1—Open Space (0) Single -Family Residential (R1) Open Space Residential (OS) (LR -7) Low Density Open Space 5 SP-1—Open Space (0) Single -Family Residential (R1) Residential (OS) Phase IV (LR -7) Low Density 8 SP-1—Open Space (0) Single -Family Residential (Rl) Open Space Residential (OS) (LR -7) Low Density 9 SP-1—Open Space (0) Single -Family Residential (R1) Open Space Residential (O5) (LR -7) Professional Low Density and 18 SP -1 -Arterial Commercial (C5) SP-1—Office Residential Administrativ (LR -7) a Office (PAO) General Low Density SP -1 - Single -Family Residential 22a SP -1 -Arterial Commercial (CS) Commercial Residential (Rl) (GC) (LR 7) Professional Phase I & Low Density SP -1 - Single -Family Residential 28 SP -1 - Professional (P) Administrativ Residential (R3) e Office (1-11-7) (PAO) 34 SP-1—Residential/Open Space SP-1—Commercial General Open Space Commercial Ordinance No. NS-xx Page 4 of 8 75D-56 Street Specifi Bristol Street Corridor Proposed Land Use and Zoning Changes Widenin g Project Phase c Plan Parcel Block Existing Zoning ProposedZoning Existing General Plan Land Use Proposed General Plan Land Use (OS) IGC) Professional and General 38 SP -1- Professional (P) SP-1—Commercial Administrativ Commercial e Office (GC) (PAO) Medium Low Density 40a SP -1 -Open Space (0) SP -1 -Single -Family Residential Density Residential (RI) Residential ( (LR 7) MR -15) Low Density SP -1- Single -Family Residential Open Space Phase III 40h SP -1- Open Space (0) (Rl) (OS) Residential (LR -7) General SP-1—Park with Commercial Open Space 41 SP -1 -Open Space (0) Commercial Option (05) [GQ General 41a SP -1- Open Space (0) SP -1— Park with Commercial Open Space Commercial Option (OS) (GCI General SP -1- Redevelopment District 42 SP -1 -Commercial Commercial No Change (RD) (GC) Low Density SP -1 -Redevelopment District SP -1 - Single -Family Residential 42a Residential No Change (RD) (Rl) (LR -7) General SP -1 -Open S(0) SP -1— Park with Commercial Open Space Commercial 43 Option (OS) (GC) Phase II General SP -1- Redevelopment District 44 SP -1 -Commercial Commercial No Change (RD) (GC) General 45 SP -1 -Open Space (0) SP -1— Park with Commercial Open Space Commercial Option (OS) (GC) Ordinance No. NS-xx Page 5 of 8 75D-57 Bristol Street Corridor Proposed Land Use and Zoning Changes Street Specifi Widenin c Plan Existing Existing Proposed g reject Parcel Zoning Proposed Zoning General Plan General Plan P ase Block Land Use 1 Land Use General 47 SP -1 - Conditional Use (CU) SP -1- Commercial Commercial No Change (GC) SP -1 -Single -Family Residential Low Density General 48 (RI) SP -1 - COmmercWl Residential Commercial (LR -7) (GCI General Low Density Sl SP -1 -Park w/Commercial Option SP -1 -Single -Family Residential Commercial Residential (Ri) (GC) (LR -7) Low Density SP -1 -Single -Family Residential General Residential Sia SP -1 - Park w/Commercial Option Commercial (LR -7) (Rl) (GC) General Low Density 51b SP -1 -Park w/Commercial Option SP -1 - Single -Family Residential Commercial Residential (Ri) (GC) (LR 7) General 53 SP -1 -Open Space (0) SP-1—Park with Commercial Open Space Commercial Option (OS) (GC) SP -1 -Single -Family Residential Open Space Low Density 55 (Ri) No Change (OS) Residential (LR -7) SP -1 - Single -Family Residential Open Space Low Density 55b SP -1 -Open Space (0) Residential (Rl) (OS) (LR -7) Low Density Phase 111 56 SP -1 - Open Space (0) SP -1 -Single -Family Residential Open Space Residential (Rl) (OS) (LR -7) Professional and General 58a SP -1- Professional (P) SP -1- Commercial Administrativ Commercial e Office (GC) (PAO) 50b SP -1- Open Space (0) SP -1 - Single -Family Residential Open Space Ordinance No. NS-xx Page 8 of 8 75D-58 Ordinance No. NS-xx Page 7 of 8 75D-59 Bristol Street Corridor Proposed Lead Use and Zoning Changes Existing Proposed street Specif c Plan Widenin Parcel Existing Proposed Zoning General Plan General Plan g Project Zoning Phase Black Land Use Land Use (R1) (OS) Low Density Residential (LR -7) Low Density SP -I - Single-family Residential Open Space 61 SP -1 -Open Space (0) Residential (RI) (OS) (LR -7) Low Density 62 SP -1 - Open Space (0) Single -Family Residential (R3) Open Space Residential (OS) (LR 7) Phase V Low Density Open Space 64 SP -1 -Open Space (0) Single -Family Residential (RI) Residential (05) (LR -7) Low Density Open Space 65 SP -1 -Open Space (0) Single -Family Residential (RI) Residential (OS) (LR -7) Ordinance No. NS-xx Page 7 of 8 75D-59 AMENDED SECTIONAL DISTRICT MAPS Ordinance No. NS-xx Page 8 of 8 75D-60 y 36-4-10 GENERALAGRCULTURAL CSM SOUTH MAIN STREET COMMERCIAL DST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL GC O R3 MULTIPLE- FAMILY RESIDENCE p4 x ASTER PL COMMUNITY COMMERCIAL -MUSEUM DST, M7 C1 Rt a R1 AI i PLANNEDRESIDENTIAL 8 UN o R1 Ct DEVELOPMENT Al Al eP1 flt R1 MEMORY Lx HEAVY IN RE RESIDENTIAL ESTATE MEMORY LN C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SO SPECIFIC DEVELOPMENT LJONQUIL�AeE HEIGHTDSTRCTII cl cl HQ'N p ` R1 : $ ¢ Rt P Rt x i J Rl pt ? p JONQUIL RD SPECIFIC PLAN (M1 (V R1 R1 qt pJ "iii R1 SINGLEFAMLV RESIDENCE m xT y SECTIONAL DISTRICT MAP: 1-$-10 e CITY OF SANTA ANA. CALIFORNIA i _J Papx LX PM1NLx RI R1 i AS NEAR.. RI M RI RryEasmE.a A. RI . rvEa Ln R1 RI RI B G RI �d R1 R1 RMEM OR RI 1. m _ 3P1 NORTH PARK Lvo BTM IT; 3 3 R1 R1 M^I Rt R1 Rt Rt flt O BdxiE8aI8 Rl Bu $Po �$ RiOx vnm j � RI C i R1 A R1 N■ o H Nu`NN. znxrA cuRA Al C swig cLARA AN N AN JSPt Rt Rl Q 3$3 BOiPALO nv ClMID O ISHERAL.NR R1 R1 8 Rl SRI € R1 Y k rcl A MB Rl ¢ Fm r1 AT z RI i R1 0 a R1 R1 R1 R1 @ R1 P O Ci. o R s C1 MD $0]8 j1 R1 '^W Ri sT y All 115P1 O J mix ei ~ R1 ID" R1 y Hsi R1 Rl R1 P 3DM Isi R1 nrxsr IFTERT Ct-MDP WR] R1 P1 R1 � O x N R] t xsi] 18ix 4r Rt RI R] RI R21- aC1.MD Isrxsr RIBRx IRIB RI Rt B ��Ai H ST ClMIT RIE Rtb RIE R2LB R2B P fl2A P -B P P M-x0i C1 C1 O1 C1 C1 C1 Pog C1 L1 C1 C1 C1 C1A0 C1 -MB 17TH ST p C1 CI RIA r pi C1 C1 01 Y Cs tE 4 CS o ^W W3'.:. SP] m yF Zx Y ` u ygg sP] RI x o [I ` "A NURSE SPJ R1 RI R] B m SP] lttx si V ]] 1R28i 0 )SMO 12 -s -1B E— D.n: oNWle 8-5-1M^6. 7nKJIN(, I)I(;TRICTS Al GENERALAGRCULTURAL CSM SOUTH MAIN STREET COMMERCIAL DST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R3 MULTIPLE- FAMILY RESIDENCE -OZ OVERLAVZONE CWD COMMUNITY COMMERCIAL -MUSEUM DST, M7 LCHTNDUSTRIAL R4 SUBURBANAPARTMENT PLANNEDRESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY IN RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHTDSTRCTII CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLEFAMLV RESIDENCE SECTIONAL DISTRICT MAP: 1-$-10 e CITY OF SANTA ANA. CALIFORNIA Exhibit: 75D-61 N/A g^ocfi' .IxE11R F 4•• C1 AlWfy �N SD27 c+ b, xancEtu y o R1 C1 Ct R+ N RI a4px PARK �. N«RRN = sxu+ox po _ Rt n - p+ . `e RI RLN C R1 'F i 1OAMA ix RIOT OR T FAMILY RESIDENCE �.' PARKING MODIFICATION n �•• •�• ' Rt 5 p; ] R1 C1MD ELN I •R1 W'°cEEu LN R4 R1 1 RI 1• —u—.....1 R1 I < Rt pucNAv RI 1 rmNcx iIDxI IN i R1 R1 Pf I xc OY LN 1 xERx u, I I { o 0 1 R1 R1 ' ~ -HD2 HEIGHT DISTRICT II ti pt IR, s 011 nO PROFESSIONAL SP ' fl1 R1 CO MMERCIAL RES IDENTAL R1 1 o OOBev • 3. F1; ; Rx RL 1 R1 O R1 ; iC5 1 y3 I MPpiY •x Ysnry LV I s Rt Rt Y Rt g R1 tPo1 �• - Rt xoNrlcn u. u3 4�'• O R1 Fp R1 I.VILxERO VAN Z M'x- ILA R1 F R1 R1 Ny fl1 1 R1 .� n Rt R1 R1 J w 1 zxo fl1 t5 R1 FpW Rt Rt R1 N/A g^ocfi' .IxE11R F 4•• C1 AlWfy �N SD27 c+ b, xancEtu y o R1 C1 Ct R+ N RI a4px PARK �. N«RRN = sxu+ox po _ Rt n - p+ . `e RI RLN O R�c R1 -PRO ARIA xey e C1 � C3 �fiH Si R, aai, R1 R2 PRD 18TH IT C1 C1 17TH ST ct C+C+ Rz xOx R1 -B R2I.T4 IT 7C)NING DISTRICTS SRI R1 F SRI R1 Ri 1RNSi SPI RJ RI.B R1 R Al C R1 'F i FFRI RIOT OR T FAMILY RESIDENCE R1 PARKING MODIFICATION n COMMUNRYCOMMERCIAL R1 R1 _- R+ ] R1 - 5 MULTIPLE -FAMILY RESIDENCE ] R1 C1MD COMMUNITYCOMMERCIAL-MUSEUM DIST. M1 MARION R4 R1 R+ R1 R1 O R�c R1 -PRO ARIA xey e C1 � C3 �fiH Si R, aai, R1 R2 PRD 18TH IT C1 C1 17TH ST ct C+C+ Rz xOx R1 -B R2I.T4 IT 7C)NING DISTRICTS SRI R1 F SRI R1 Ri 1RNSi SPI RJ RI.B R1 R Al C R1 'F i R1 o a Rt Cu -C T FAMILY RESIDENCE R1 PARKING MODIFICATION C1 COMMUNRYCOMMERCIAL GC GOVERNMENTCENTER V MULTIPLE -FAMILY RESIDENCE ] OVERLAVZONE C1MD COMMUNITYCOMMERCIAL-MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBANAPARTMENT Rt -PRD P LA NNED RES DENTAL R1 Rt pucNAv PRD DEVELOPMENT C2 GENERALCOMMIERCIAL M2 AVLLONp RE RESIDENTIAL ESTATE R1 C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II ti pt ARTERIA L COMMERCIAL P PROFESSIONAL SP ' CR CO MMERCIAL RES IDENTAL R1 SINGLE- FAMILY RESIDENCE CoA uxo IT SECTIONAL DISTRICT MAP: 2-5-10 e CITY OF SANTA ANA, CALIFORNIA iC5 y3 ftt Rt Rt Y Rt g R1 tPo1 �• - Rt O SO, Ny fl1 .� n i _ Rt C a zxo R1 FpW Rt Rt mR OR u Rt Rt R1 O R�c R1 -PRO ARIA xey e C1 � C3 �fiH Si R, aai, R1 R2 PRD 18TH IT C1 C1 17TH ST ct C+C+ Rz xOx R1 -B R2I.T4 IT 7C)NING DISTRICTS SRI R1 F SRI R1 Ri 1RNSi SPI RJ RI.B R1 R Al GENERAL AGRICULTURAL CSM SOUTH MAN STREETCOMMERCIAL DIST. R2 T FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNRYCOMMERCIAL GC GOVERNMENTCENTER RS MULTIPLE -FAMILY RESIDENCE -OZ OVERLAVZONE C1MD COMMUNITYCOMMERCIAL-MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBANAPARTMENT P LA NNED RES DENTAL PRD DEVELOPMENT C2 GENERALCOMMIERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIA L COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR CO MMERCIAL RES IDENTAL R1 SINGLE- FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 2-5-10 e CITY OF SANTA ANA, CALIFORNIA Exhibit: 75D-62 MXiE C9ACOM R4 ° CIPR° A Ir 5 CI uixG t[X 4R •vti� ECI m cz C2 cz AA RI C2 SDM R' EtcisR11 Xsr R3 PRD RI R2 C1 C1 17TH ST m m R18 R2 R1 RI R2 RI-0RD 14xsr lsx IT R1 WRmnr DX X[nmb u waixn � R1 R1 RI R2 0-5-10 P tsix IT C2 SPI SETH Q SPI • CI b 7nKJIK]r. DISTRICTS Al GENERAL AGRICULTURAL CSM R1 R2 TWO- FAMILY RESIDENCE -B PARKING MODFICATON Ct fl2 4ag RI GOVERNMENTCENTER R3 uj -OZ R1 C1MD RI 2 vm zr TRM SI R4 Msi i i n 1:T IT R1 R1 n R1 RI R1 R1 M2 < R1 $• mrHs RESIDENTIAL ESTATE 11TH ST C4 PLANNED SHOPPING CENTER 0 11msr £ 1' SO R2. HEIGHTDSTRICTA R1 ARTERIAL COMMERCIAL P a R1 SP 0.1 R2 t$ 14"N R1 CR TOTH sr R1 SINGLE- FAMILY RESIDENCE a tarn F,: SPI f sr SECTIONAL DISTRICT MAP: 11-5-10 e CIN OF SANTA ANA. CALIFORNIA ST1 IT R2 R1 R1 R1 RI ^ J r R2 ' Sm Si $x IT R1 -`RD fl' Gm si Q y Onv R1 R1 R1 R1m uro.v R1 R2 gpn m RI CIVI CENTER DR R2... R' R1 R1 R1 33 P SPI SP1 I R1 R1 O 'Rly R1 RI R2i 1 M1 IT R1 Im 's^ R1 w q2 Rd P2 R2 =� TH iR tsi R1 1 ,1 R2 R2 R2 W < R2 Rz y siX R2 r a C �1�R2 rH ST 3M M1 M1 SP _ O R1 �n1�q RPi n R2 , '$P1 6P1 RI R1 R1 R1 RI q A y GI C1 W C1 r s QQ �d Mt nx IT Mt c1 q1 R1 R1 O C1 SM ST P1 ® 1 M1 ° S A NA BLVD ROE CE R1 R1 E R1 RI CI R1 q1 C2 M1 M1 R2 R3 SD11Y q2 RI ° R2 R$ .1 SPI S nO Sr M1 ry sr R2 R2 5p : IRP Si SRO S C1J x'sr 2 CIT R2 R2 flz R2 R2 IN M' R2 ; R2 LL Ste' Cz 2.." a R2 R2 Nni Mt R2 R2 SxT R2 s SXOSr a R2 R2B R2 u^ S% P C$ 1 C2 f C2. C2 CI CI C,R C1 SP1 1ST ST C C2 C2 ci C2 R2�P qD C2 C1 M1 C2 SDW SP1 SIT C R2 m R2 C1 M1 X µ Wui 5i vtuI.T si w' R1 a [ MI u o 3g R1 R1 IT b j E ° qt R1 Rt R1 6D SP1 PI RI Rm _. _I44R .. ....T ....1 7nKJIK]r. DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAN STREE1OOMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE -B PARKING MODFICATON Ct COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE C1MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHTNDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDSTRICTA C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 11-5-10 e CIN OF SANTA ANA. CALIFORNIA Exhibit: 75D-63 2-5-10 R1 NI —11T R2 F sVi a SP1 c, R1 Ni whI RI a svt set R, ET N_ S.t Rt COMMUNITY COMMERCIAL - MUSEUM DIST. M1 N2 R< R2 R, 50 50 LNYI Si R1 M2 HEAW NDUSTRIAL Svt Isle P2 I Ri R1 DEVELOPMENT SP1 PLANNED SHOPPING CENTER O Pt SD Sfl1 R1 -HD2 HEIGHTDISTRCTII C5 ARTERIAL COMMERCIAL P R L • R3 pf CR $JI 0.1 R1 R1 R = R1 R1 R1 R1 R1 q, o R1 R, R1 2 SPI NW CITY OF SANTA ANA, CALIFORNIA FAD N = - � is m •m[£• S51 R1 LL nv z m .1 R1 F RI RI ¢ Rt R1 0 e ' anELi s+, �•� Rt R, Pt EMXpLLE RI R2 R3�8 c R1 R1 OxPoROS • RI SP1 —.EE q1 CSMR2 4 P1 P1 NJ -B R1 245-10 RIp � B Duns SP1 n 1 SygT ST C 0 NI R2 R22 R2 C1 R2 R2 P— IT RMEE R2 sixui,m so R2 . 0 SDI 8 12-5-10-'Q SDMi soea 'SO 0l Q a C2A11I 5pq .ET D q ® > C p`Ty snE Er PINE IT Si almsCSM SP1 R1 NI —11T R2 F L TVLO- FAMILY RESIDENCE SP1 clue BON RI x R1 Ni whI RI CWY T J 0PON u ■ nil R, ET N_ S.t Rt COMMUNITY COMMERCIAL - MUSEUM DIST. M1 R R< m5P1 R, 50 50 SPI R1 M2 n 1 SygT ST C 0 NI R2 R22 R2 C1 R2 R2 P— IT RMEE R2 sixui,m so R2 . 0 SDI 8 12-5-10-'Q SDMi soea 'SO 0l Q a C2A11I 5pq .ET D q ® > C p`Ty snE Er PINE IT Si almsCSM SP1 MOOR 111111 qi NI —11T R2 .■ ■■ ■■ L TVLO- FAMILY RESIDENCE C clue BON RI x R1 COMMUNITYCOMMERCAL GC CWY T T I ■ nil R, si C'MD COMMUNITY COMMERCIAL - MUSEUM DIST. 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M1 LIGHTNWSTRIAL R< SUBURBANAPARTMENT PRD PLANNEDRESDENTAL C2 GENERAL COMMERCIAL M2 HEAW NDUSTRIAL RE RESIDENTIAL ESTATE DEVELOPMENT G PLANNED SHOPPING CENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRCTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILYRESIDENCE lick SECTIONAL DISTRICT MAP: 13-5-10Im e NW CITY OF SANTA ANA, CALIFORNIA Exhibit: 75D-64 yT-5-10 11-5-10-�5 Ci �:� C2 C2 A C3 Ct Ct RZ�R Ct SPI SPt IT ®1ST ST N C1 b1•i ® �� C1 s O 2 M1 ,f 5C90- 5p1 SP1 P3 3 c1 , _. ml w.WUT IT la 1x cE... R1 waLxurs R2 pST Sxu R1 Rt R1 sP�1 9y R1 $^ - R1 IR SP1 euBEN "p4 NES. NNE sr y IT 'I.E W i0.HDE� �} R1 E SPI E Ra .x; LHBs .. 3 C CHEST NO Lx Ha1y. 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