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HomeMy WebLinkAbout FULL PACKET_2018-10-02MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 18, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO 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 PUBLIC COMMENTS — NONE COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:16 P.M. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 1 SEPTEMBER 18, 2018 10A-1 a. 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) b. City of Santa Ana v. County of Orange et al. (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18 -0155 - DOC (KESx) c. Tammy Franks v. City of Santa Ana, Orange County Superior Court, Case No. 15-cv-00108-JVS-DFM 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Executive Director of Human Resources, Steven V. Pham, and Peter Brown of Liebert Cassidy Whitmore Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Executive Director of Finance and Management Services 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. ADJOURNED THE CLOSED SESSION MEETING AT 6:14 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 SEPTEMBER 18, 2018 10A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO 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 MAYOR PULIDO DAVE MITCHELL, POLICE CHAPLAIN • PROCLAMATION presented by MAYOR PULIDO naming September 17, 2018 as Constitution Day and Citizenship Day. • PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming September as Hispanic Heritage Month. CLOSED SESSION REPORT — No reportable action. PUBLIC COMMENTS • Gabriela Gonzalez, extended an invitation for all to attend the domestic violence awareness event. CITY COUNCIL MINUTES 3 SEPTEMBER 18, 2018 10A-3 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items10A through 32A with the following modifications: • Mayor Pro Tem Martinez pulled agenda items 22A, 25A, 25D, 25F, 25G, 25H, and 251 for separate discussion; and dissented on Agenda Item 25J; • Councilmember Sarmiento pulled Agenda Item 25C for separate discussion. MOTION: Villegas SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 4, 2018 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Placed on first reading at the September 4, 2018 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on September 7, 2018. CITY COUNCIL MINUTES 4 SEPTEMBER 18, 2018 10A-4 MOTION: Place ordinance on second reading and adopt. ORDINANCE NO NS -2954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE SPECIAL MEETING OF ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY, AUGUST 20, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. 13B. APPOINT DANIEL DE LA CRUZ TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 1 ALTERNATE REPRESENTATIVE (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Daniel De La Cruz to the Youth Commission as an Alternate Member representing Ward 1 (replaces C. Fausto). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCES — NONE 19C. RECEIVE AND FILE REPORT FROM THE LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY AND COMMUNICATIONS COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Receive and file. 19D. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2018 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office CITY COUNCIL MINUTES 5 SEPTEMBER 18, 2018 10A-5 The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.or-q/strategic-planning/. MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT RECOGNIZING EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OF JUSTICE TO ENHANCE LAW ENFORCEMENT OPERATIONS {STRATEGIC PLAN NO. 1.31 Police Department MOTION: Approve appropriation adjustments. (Requires five affirmative votes). 1. APPROPRIATION ADJUSTMENT NO. 2018-189 - Recognizing $474,316 in the Equitable Sharing — DOJ revenue account and appropriate same to the Equitable Sharing — DOJ expenditure accounts for the 2017-18 fiscal year. 2. APPROPRIATION ADJUSTMENT NO. 2019-024 - Recognizing $172,695 in the Equitable Sharing — DOJ revenue accounts and appropriate same to the Equitable Sharing — DOJ expenditure accounts for the 2018-19 fiscal year. SPECIFICATION — PURCHASE OF EQUIPMENT AND SERVICES 22A. CONTRACT AWARD FOR FIRE ALARM SYSTEMS MAINTENANCE, REPAIR, AND INSPECTIONS - SPEC. NO. 18-063 {STRATEGIC PLAN NO. 6, 1 C} - Finance and Management Services Agency; and Public Works Agency Mayor Pro Tem Martinez, requested report on outreach efforts with local businesses to inform them of contract opportunities; request staff have active engagement program. MOTION: Award contracts for citywide fire alarm systems maintenance, repair, and inspections for a three-year period expiring August 31, 2021, with provisions for two one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $100,000 subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: CITY COUNCIL MINUTES 6 SEPTEMBER 18, 2018 10A-6 Vendor Cal Building Systems Champion Fire Systems, Inc. Majestic Fire Inc. Omega Fire Inc. Siemens Industry, Inc. Telnet VOIP, Inc. VFS Fire & Security Services MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS Location Brea Rancho Cucamonga Sherman Oaks San Dimas Cypress EI Segundo Orange SECOND: Solorio Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25A, APPROVE AN AGREEMENT WITH BASIC HR SERVICES FOR ADMINISTRATION AND TRACKING SERVICES OF EMPLOYEE LEAVES' OF ABSENCE AND A BUSINESS ASSOCIATE AGREEMENT' {STRATEGIC PLAN NO. 7, 5A} -Human Resources Department Mayor Pro Tem Martinez, thanked Executive Director of Human Resources Pham for creating efficient and innovative systems. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with BASIC HR Services for an annual reoccurring amount of $16,660 for Family Medical and Leave Act "FMLA" Administration and other qualified leaves under Federal and State Law and Tracking Services of these leaves and other employee leaves of absence, for three (3) years for the period of September 1, 2018 through August 31, 2021 and with two (2) one year renewals of $17,500 each additional year, not to exceed $85,000 over a five (5) year period. Subject to non -substantive changes approved by the City Manager and City Attorney; and (AGMT. No. 2018-218). 2. Authorize the City Manager and Clerk of Council to execute a business associate agreement with BASIC to supplement the CITY COUNCIL MINUTES 7 SEPTEMBER 18, 2018 10A-7 BASIC "FMLA" Administration agreement and outline each party's privacy rights and obligations under the BASIC agreement (AGMT. No. 2018-219). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25B. APPROVE AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES (CPS) TO CONDUCT A COMPENSATION STUDY OF CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) JOB CLASSIFICATIONS {STRATEGIC PLAN NO. 7, 4) — Human Resources Department 25C. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Cooperative Personnel Services (dba CPS HR Consulting), subject to non -substantive changes approved by the City Manager and City Attorney, to conduct a compensation study of job classifications in the Confidential Association of Santa Ana (CASA) bargaining unit in an amount not to exceed $24,999.99 for the period of September 18, 2018 through June 30, 2019, with the option of an extension in writing executed by the City Manager and City Attorney (AGMT. No. 2018-220). WITH- Councilmember Sarmiento, asked how funds used towards interim homeless shelter will be replenished; request staff provide options on how to replenish account. City Manager Godinez, no replenishment plan; current general guidelines on how to offset fund use; potential to use revenue generated from sale of City owned property, and plan to return to City Council with options. CITY COUNCIL MINUTES 8 SEPTEMBER 18, 2018 10A-8 Councilmember Sarmiento, noted that funds will be exhausted after the first year, remaining funds have been designated in the current procurement process, and funds have been used to augment and work with affordable housing developers. Mayor Pro Tem, introduced a friendly amendment to direct staff to develop options for City Council consideration on use of proceeds from sale of City owned property and/or use reserve or one-time funds to close the gap. Councilmember Sarmiento, in support of friendly amendment. Noted accessing funding from reserve policy would require two-thirds majority vote. Councilmember Solorio, in support of local Santa Ana based service provider, service model proposed by Mercy House Living Center, and request provider explore a number of properties that may be used as an emergency shelter. AMENDED MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Mercy House Living Centers, Inc., to operate an interim Emergency Homeless Shelter in Santa Ana for a period of one year in the amount of $3.1 million commencing on the execution date of the agreement, with the option to renew for up to one additional year exercisable by the City Manager and City Attorney, in an amount not to exceed $6 million, including renewal period, and inclusive of a $250,000 annual contingency, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-221); and 2. Provide policy options for City Council consideration to close the funding gap by either proceeds from the sale of City owned property or declare local emergency and use reserve one-time funds to augment the balance. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: CITY COUNCIL MINUTES SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 9 10A-9 SEPTEMBER 18, 2018 Mayor Pro Tem Martinez, requested update on contracted parking enforcement services. Councilmember Benavides, echoed comments made by Mayor Pro Tem Martinez. Commented that parking enforcement agents are representatives of the City, overzealous parking enforcement in Downtown area, and consequence of negative experience by visitors. Councilmember Solorio, requested data on a regular basis; also, supports local hire and public outreach. MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the existing agreement with Serco, Inc. for parking enforcement services, revising language related to insurance requirements, prevailing wage, local employment opportunities, and other changes related to scope of services, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-222). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25E. APPROVE AN AGREEMENT WITH DUDEK FOR CONSULTING WATER ENGINEERING SERVICES FOR CENTENNIAL LAKE RENOVATION (PROJECT NO. 18-2681) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency; and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Dudek for a two-year term beginning September 18, 2018, and expiring on September 17, 2020, with two one-year renewal options exercisable by the City Manager and the City Attorney, to provide consulting water engineering design services for CITY COUNCIL MINUTES 10 SEPTEMBER 18, 2018 10A-10 Centennial Lake Renovation, in the total amount not to exceed $217,726, which includes a five percent contingency in the amount of $10,368, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-223). 25F. APPROVE AN AGREEMENT WITH TETRA TECH FOR LINCOLN. AVENUE PEDESTRIAN PATHWAY DESIGN CONSULTING SERVICES (PROJECT NO. 17-6802) {STRATEGIC PLAN NOS. 6, -1 B; IC; 1G) Public Works Agency Mayor Pro Tem Martinez, highlighted Lincoln Avenue pedestrian pathway project. Noted grant funding process may take up to two years; and thanked staff for implementation of pedestrian pathway with use of State grants, allowing opportunities for pedestrians to walk in a safe manner. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Tetra Tech for a three-year term beginning September 18, 2018, and expiring on September 17, 2021, with two one-year renewal options exercisable by the City Manager and the City Attorney, to provide design consulting services for the Lincoln Avenue Pedestrian Pathway Connectivity project, in the total amount not to exceed $149,786, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-224). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Pulido (1) 25G. APPROVE AN AGREEMENT WITH WESTBOUND COMMUNICATIONS, INC. FOR "READY OC" EMERGENCY PREPAREDNESS AND "IF YOU SEE 'SOMETHING, SAY SOMETHING TM" PUBLIC AWARENESS' CAMPAIGNS {STRATEGIC PLANNO. 1 and 6} — Police Department Mayor Pro Tem Martinez, directed staff to ensure public awareness campaigns have the right message and are translated to appropriate languages. Asked if program will be in conjunction with the City of Anaheim and how message will be developed with consultant. CITY COUNCIL MINUTES 11 SEPTEMBER 18, 2018 10A-11 Police Chief David Valentin, noted public awareness campaign will use a universal messaging platform that all contributing agencies access. MOTION: Authorize the City Manager and Clerk of the Council to execute the attached agreement with Westbound Communications, Inc. for the period of September 18, 2018 through June 30, 2019, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the "if You See Something, Say SomethingTM" Public Awareness Campaign, for a total three-year amount not to exceed $1,335,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018- 225). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Martinez, Tinajero, Villegas (6) None (0) None (0) Pulido (1) Sarmiento, Solorio, 25H. APPROVE AN AMENDMENT TO AGREEMENT WITH OCEAN BLUE' ENVIRONMENTAL SERVICES, INC. FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING {STRATEGIC PLAN NO. 6, 1C} Public Works Agency and Police Department Mayor Pro Tem Martinez, inquired as to notable increase to sewer and sanitation budget and requested clarification from staff. Police Chief Valentin, noted jail facility deferred maintenance costs and significant increase to jail population contributed to budget increase. Police Administrative Manager Robert Carroll, added that increased budget would allow proper cleanup of bio -hazard material. MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to agreement with Ocean Blue Environmental Services, Inc., to increase the annual expenditure amount from $250,000 per year to $280,000 per year, subject to non -substantive changes approved by the City Manager and City Attorney, increasing the two-year agreement amount from $500,000 to $560,000, for the CITY COUNCIL MINUTES 12 SEPTEMBER 18, 2018 10A-12 period of June 20, 2017, through June 19, 2019, and the total agreement amount, including two one-year extensions exercisable by the City Manager and City Attorney, to $1,120,000 (AGMT. No. 2018- 226). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 251. AWARD OF LEGAL SERVICES AGREEMENT WITH BEST, BEST &' KRIEGER, LLP; RELATED TO LEGAL ANALYSIS OF PAYROLL PRACTICES, CALPERS,REPORTING, AND FAIR LABOR STANDARDS ACT COMPLIANCE {STRATEGIC PLAN NO. 1, 3, 4) City Attorney's Office and Human Resources Department Mayor Pro Tem Martinez, thanked Executive Director of Human Resources Pham for implementing payroll best practices that is efficient and ensure compliance. MOTION Authorize the City Manager and Clerk of the Council to execute a legal services agreement with Best, Best & Krieger, LLP, ("Firm") in an amount not to exceed $200,000 related to legal analysis of Payroll Practices including employee compensation, CaIPERS Reporting, and Fair Labor Standards Act compliance starting September 18, 2018 and ending on December 31, 2019 subject to non - substantive changes approved by the City Manager and the City Attorney's Office. Agreement may be extended for up to one (1) year exercisable by the City Manager and Senior Assistant or Assistant City Attorney (AGMT. No. 2018-227). MOTION: Martinez VOTE: AYES: NOES: CITY COUNCIL MINUTES SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) 13 10A-13 SEPTEMBER 18, 2018 25J. ABSTAIN: None (0) ABSENT: None (0) Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Purchase Agreements for the real property full and partial acquisitions, and goodwill (if any), with the property owners listed below, subject to non -substantive changes approved by the City Manager and City Attorney: No. Property Property Owner commonly Acquisition Amount Agmt known as I Type No. location 124 E. 1 Francisco Warner Ave. Full $395,000 2018-228 Quiroz (APN 016- 031-37) Francisco 128 E. 2. Gutierrez Warner Ave. Full $455,000 2018-229 Quiroz (APN 016- 031-32) Oscar 230 E. Alonzo, Warner Ave. 3. Norma (APN 016- Partial $12,050 2018-230 Cortez 031-40) Mendoza MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Benavides, Pulido, Tinajero, Villegas (6) Martinez (1) None (0) None (0) Sarmiento, Solorio, CITY COUNCIL MINUTES 14 SEPTEMBER 18, 2018 1 OA -14 MISCELLANEOUS - BUDGET 29A. APPROVE DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) —City Council 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. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (Councilmember Solorlo); b. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (Councilmember Benavides); c. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (Councilmember Tinajero); d. Charitable Ventures of Orange County in support of Willard Neighborhood's Task Force's project to install street topper signage to promote the "Love Where You Live" campaign, event scheduled to launch September 13, 2018, in a one-time donation amount of $1,500 (Councilmember Villegas). LAND USE MATTERS TENTATIVE PARCEL/TRACT MAPS 32A. APPROVING TENTATIVE TRACT MAP NO. 2018-03 TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED CITY COUNCIL MINUTES 15 SEPTEMBER 18, 2018 10A-15 AT 1102 NORTH KING STREET — AN HA, APPLICANT {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency Planning Commission approved recommended action on August 13, 2018 by a vote of 7-0. MOTION: Receive and file the staff report approving Tentative Tract Map No. 2018-03 as conditioned. **END OF CONSENT CALENDAR** CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO DANIEL DE LA CRUZ, YOUTH COMMISSIONER BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT REIMBURSEMENT AND PLEDGED REVENUE AND FUNDS RESOLUTIONS FOR CLEAN WATER AND SAFE DRINKING WATER STATE REVOLVING FUND CAPITAL IMPROVEMENT PROJECTS [NONGENERAL FUND] {STRATEGIC PLAN NO. 6, 1G] — Public Works Agency MOTION: Adopt resolutions. 1. RESOLUTION NO. 2018-066 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE SEGERSTROM (SAN LORENZO) SEWER LIFT STATION PROJECT 2. RESOLUTION NO. 2018-067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE SEGERSTROM (SAN LORENZO) SEWER LIFT STATION PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD 3. RESOLUTION NO. 2018-068 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE SEWER COLLECTION SYSTEM IMPROVEMENTS PROJECT CITY COUNCIL MINUTES 16 SEPTEMBER 18, 2018 10A-16 4. RESOLUTION NO. 2018-069 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE SEWER COLLECTION SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD 5. RESOLUTION NO. 2018-070 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT 6. RESOLUTION NO. 2018-071 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD 7. RESOLUTION NO. 2018-072 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT 8. RESOLUTION NO. 2018-073 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 55B. ADOPT RESOLUTION AMENDING THE LIST OF DESIGNATED CLASSIFICATIONS REQUIRED TO FILE ANNUAL STATEMENT OF ECONOMIC INTERESTS DISCLOSURE FORM AND REQUIRED CITY COUNCIL MINUTES 17 10A-17 SEPTEMBER 18, 2018 BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION; Adopt a resolution. RESOLUTION NO. 2018-074 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT PUBLIC HEARINGS SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 75A. PUBLIC HEARING: HOLD SECOND HEARING REGARDING THE PROPOSED WARD RE -BOUNDARIES {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office Legal notice published in the Orange County Register on August 24 and 26, 2018; La Opinion on August 28 and 31, 2018; Nguoi Viet on August 27 and 31, 2018; Chinese Daily on August 29 and 31, 2018; and Korea Times on August 28 and 31, 2018. Presentation by consultant, Paul Mitchell with Redistricting Partners. Q* REDISTRICTING 00 PARTNERS '- Traditional Redistricting Principles Should be followed by aty 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 18 SEPTEMBER 18, 2018 10A-18 OB PREMSTRIICCTIN6 ,. 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 districtscompact—appearance/function 48 REDISTRICTING @ND PARTNERS - — Traditional Redistricting Principles Should be followed by Local Agencies The "equal size" for the purposes of redistricting comes from the 2010 Census population- * 2010 Population: 324,585 • Median District5ize: 54,098 • 5% Deviation Largest: 55,450 Smallest: 52,745 GO REDISTRICTING 00 PARTNERS ..l) Traditional Redistricting Principles 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 19 SEPTEMBER 18, 2018 10A-19 ioNN"", 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 • Malntain"communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function r., � Communities of Interest Bringing like people together for representation What is a communityof interest includes ethnic and language minorities and othergroups. • Communities covered by the Voting Rights Act Latinos Asians African Americans Religious communities Other Nationality/Ethnic communities bORLRI ERSIIN6 - fA(LPARIXRRS 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 am concerned with the "Citizen Voting Age Population" (NAP) as calculated by the US Census in annually through the American Community Survey. Base ethnicity of the district shows 17% Asian and 60% Latino NAP. However, these populations are not evenly distributed - there are strong concentrations of each in parts of the district. CITY COUNCIL MINUTES 20 SEPTEMBER 18, 2018 1 OA -20 69 REdSTAIC(IIK @@MMERS City of Santa Ana Latino and Asian Communities CITY COUNCIL MINUTES 21 SEPTEMBER 18, 2018 1 OA -21 00 BRIS[RI[tIN6.nx.., , 00 PARtNFRS :. 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 CITY COUNCIL MINUTES 22 SEPTEMBER 18, 2018 1 OA -22 'i RERISIet11RG I` FARMERS Traditional Redistricting Principles 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 00 Af619100IX6 00 PARTNERS Traditional Redistricting Principles 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 Oe, REQISTRICTIN6 00 PARTNERS City of C--4-- ^ -- Current Ois CITY COUNCIL MINUTES 23 SEPTEMBER 18, 2018 1 OA -23 00 REDISTRICTING alit PARTNERS City Of Santa Ann Neighborhoo City of Santa Ana School omi CITY COUNCIL MINUTES 24 SEPTEMBER 18, 2018 1 OA -24 Pwo4lbn tNr" CVAP ut. I_- 4VAP Asian Arte Pilar 13,260 5,182 4,272 1 82% 430 9% BNB Vilta 3,835 908 215 39% Bristol Memo Cwllibn 2 390 1,297 305 54% 233 18% Brbttl/Wamer 2,636 f,W5 880 BB% 35 I 3% Casa Bonita 1,213 233 I86 63% 9 21% Casa De Santmgo 309 534 133 32% w 9% Cedar EvW.rt CeOP 11188 368 365 99% 0% Cente..W Park 5,023 1,980 3,465 34% 151 8% Central Chy 6,223 2,315 2,250 83% 139 M9 Concord 353 435 189 43% 145 33% Corrrerylone Vlllige 5,853 940 330 82% 140 15% Delhi 3,885 3,544 2,633 34% 146 4% Dow W. 2,486 395 444 56% 194 24% Frits,& 13,026 3,321 2.963 89% 193 6% Ed. Park 1,694 835 415 43% 210 24% S9wrt 358 235 140 51% 4 1% Fs6hatea----- _ 23r 99__ 1225 855 30% 69 5% Fisher Park 619 396 "1 51% 22 6% FWal Park 1,362 930 IW 19% 82 m Fkheer Park 6,261 3,OW 1;605 52% 235 8% Fremh Court 4,691 m 620 38% 9 City of Santa Ana School omi CITY COUNCIL MINUTES 24 SEPTEMBER 18, 2018 1 OA -24 00 REDISTRICTING Ota PARTNERS ffOMMMAGM City of Santa Ana Congressional 00 REDISTRICTING 00 PARTNERS City of Santa Ana Current Lnes i .�,.=.ate. 1-7 r a a a Current Uses 1 2 3 0 5 6 Population 53195 54.410 54,772 K4 53,563 53,Eal De tion 11103) 382 624 6% (535) (212) -2% 1% 1% l% -1% 0% 18. Citizens JCVAP) 22.613 16,410 30800 24,668 20,426 25,502 43% 3036 56% 45% 38% 47% Latino CVAP 14,944 13.103 13,853 14,606 14,213 12,843 66% 80% 45% 5936 72% We Mite CVAP 4,243 1,942 9.260 5,348 2,548 3,551 21% 12% 30% 22% 12% 14% Afrkan American CVAP 485 146 316 613 428 568 2% I% 1% 2% 2% 2% Asian CVAP 2,182 1103 6,897 3,694 2,525 81068 1056 6% 22% 15% 12% 32% CITY COUNCIL MINUTES 25 SEPTEMBER 18, 2018 1 OA -25 st{+ REDISTRICTING u?�3v PARTNERS City of Santa Ana DIANA A 5 C 0 E F Population 51.539 5,3" 53,751 53.680 51,038 54.176 D6latlon 441 301 (347) (418) (60) 78 1% 1% -1% .1% 0% 0% IS- Otil 4ICVAPI 27,031 20.808 27,179 25,585 8295 22,526 60% 38% 51% 48% 32% 42% IAOno CVAP 11.893 15,300 13,168 14,900 14,270 14,636 44% 74% 48% 58% 82% 559 White CVAP 2,915 2,345 10,335 5,373 11807 4,622 11% 11% 38% 21% 10% 21% A6kan Amerkan CVAP 263 444 394 748 93 616 I% 2% 1% 3% 1% 3% Asian CVAP 11,494 2,525 2,776 4.267 995 2.317 43% 12% 10% 17% 6% IO% CITY COUNCIL MINUTES 26 SEPTEMBER 18, 2018 1 OA -26 00 r'r'0 ICTIXB ®® Honor's City of Santa Ana Plan R F1 I P1 B A B C 0 F f %WW, 53,B 54.492 54.362 53.294 54169 53792 DV.VPP 12349 399 269 (3W) 121 (306) 0% 1% 0% •1% O% •I% Wcftv.P, ICWP) 22,760 26.316 26.1W 22589 22735 1$.360 52% 48% 48% 42% 11% 29% W,, *MP 11.22 15,234 12.814 ISA67 11233 12.407 40% m1% 68% 69% 64% HI% Whk.CVAP 3,216 5.529 $.061 4.200 7.637 1748 12% 21% 19% 19% ]O% 11% Al,vzn Artre,..MP 269 751 SOH 393 445 182 I% 3% 2% 2% 2% 1% &.. "AP 12.442 4,486 2. 0 2.163 1.938 898 45% 12% 94 10% 99 6% CITY COUNCIL MINUTES 27 SEPTEMBER 18, 2018 1 OA -27 REDISTRICTING ±SY PARTNERS City of Santa Ana nsrMa� up 39 PIAN c A 8 c 0 8 P PopWalnn 53,852 53,158 55,083 54,848 53,494 54,148 OedaOon (246) (940) 985 750 (ml) 50 0% -2% 2% 1% .1% 0% 18s CnizenslaAP) 29,015 23,568 20,253 22,779 27,823 16,981 54% 44% 37% 42% 52% 31% latino CVAP 11,277 15,473 14,647 16,220 13,426 13,029 39% 66% 72% 71% 48% 77% W6ne CVAP 4,012 4,101 2,507 4,161 10,533 2,077 14% 17% 12% 18% 38% 12% Al,bn A.e,"a CVAP 283 712 487 330 423 313 1% 3% 2% I% 236 2% AsianCVAP 12,846 3,057 2,450 1,706 2,505 3,410 44% 13% 12% l% IO% 8% CITY COUNCIL MINUTES 28 SEPTEMBER 18, 2018 1 OA -28 00 REDISTRICTING 00 PARTNERS City of Santa Ana Plea. U — .. PIAND A 8 C D F F P4 I.fibn 53.515 523% 51,744 56.2W 59,425 55,402 D9aa8Pn (383) (1,203) (1,154) 2,006 322 1,309 -I% X.3% 4% 1% 2% 18, UUM(CVAP) 26,422 22.302 14,018 28.W8 25,658 23,321 49% 43% 22% 51% 42% 42% Wow CVAP 10,813 14,222 10.901 15.289 16,595 15.182 41% 66% 28% 55% 65% 65% W 0 CVAP 3.M 4,651 1.299 9.696 5.332 2,861 12% 21% 13% 34% 2114 12% Alriun".,i nCVAP 193 4% 193 444 429 840 1% 1% 1% 2% 2% 4% Asan CVAP 11,226 2,182 964 2,354 1,9W 4,134 44% 10% 2% 8% I2% 18% CITY COUNCIL MINUTES 29 SEPTEMBER 18, 2018 1 OA -29 Mayor Pulido opened the Hearing. The following spoke on the matter: • Saira Rybi Velazquez, opined need to improve democracy and to respect the rights of the voters and the community. Expressed support for plan D. Council discussion ensued. Councilmember Solorio, noted workshop attendance at Delhi Community Center. Expressed need to respect neighborhood association lines, community north of 17th Street should remain intact, and inclusion of broader Asian communities. Councilmember Benavides, noted neighborhood associations' concerns as to being divided and directed staff to provide community comment outlining concerns. Requested timeline and process to produce final map plan, consideration of creating a ward that uses the riverbed as a natural boundary, and expressed concern over upcoming deadlines and lack of map variations. Paul Mitchell, City consultant, indicated final map plan must be made public for two meetings starting with the October 30th City Council Meeting with final map approval on November 23rd. Final map plan will be chosen by City Council with input from community groups. Mayor Pro Tem Martinez, requested confirmation of next public hearing. Asked if map plan submitted for council consideration will be reviewed by City Attorney and Clerk of the Council to ensure legal and ethical compliance. Clerk of the Council Huizar, noted next public hearing set for October 16, an adjourned regular meeting on October 30th to allow first reading of ordinance requiring adoption of final map plan City Council. City Attorney Carvalho, indicated city will rely on outside special counsel who is an expert in the California Voters Rights Act. Noted special counsel is and has been working with consultant to ensure legal compliance. Mayor Pro Tem Martinez, inquired if map plans submitted to council for consideration will include staff recommendations, provide options, and include consultant recommendations. Paul Mitchell, City consultant, indicated map plans submitted to council for consideration will be in compliance with the law but will not include consultant recommendation. CITY COUNCIL MINUTES 30 SEPTEMBER 18, 2018 1 OA -30 Mayor Pro Tem Martinez, expressed concern over lack of community participation, map re -boundary process will have major implications, and process has been inappropriate. Councilmember Villegas, echoed statements made by Mayor Pro Tem Martinez. Expressed concern over the map re -boundary process and action taken before the November election and upcoming census. Councilmember Tinajero, requested confirmation of any communication between councilmembers and consultant. Noted process is very political, consultant has provided reports, reliance of data provided by consultant to make the best possible decision. Paul Mitchell, City consultant, indicated there has been no contact with councilmembers. Mayor Pulido closed the second Public Hearing that explained the re - boundary process, reviewed the criteria used to modify Ward boundaries, and allowed residents to submit their ideas for potential "communities of interest" to consider in the new boundaries. 75B. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE (MEMU) OVERLAY ZONE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3,2; 5,3; 5,41 - Planning and Building Agency Legal Notice published in the Orange County Reporter on August 10, 2018 and notices mailed on August 9, 2018. Planning Commission approved recommended action on July 23, 2018 by a vote of 4-0 (Alderete, Contreras -Leo and Verino absent). Continued from the August 21, 2018 City Council meeting by a vote of 6-0 (Sarmiento absent) and September 4, 2018 City Council meeting by a vote of 6-0 (Benavides absent). Mayor Pulido opened the Hearing. Director of Planning Building Agency Minh Thai provided a brief summary of recommended actions. CITY COUNCIL MINUTES 31 SEPTEMBER 18, 2018 1 OA -31 The following spoke on the matter: • Howard D. Hall, expressed concern over blight in community and delay in building facility. • Cathi Decker, Friends of Santa Ana Zoo Executive Director, addressed City Council to request changing street name to Zoo Drive and supportive of any improvements that compliments the Zoo. • Desi Reyes, opined narrow window of opportunity to develop First Street, area is blighted, and lack of development in area. Mayor Pulido closed the Hearing and Council discussion ensued. Councilmember Villegas motioned to approve recommended action one Councilmember Sarmiento, supportive of developing area, need to ensure inclusion of housing for Santa Ana residents, and development of multi- family homes. Noted continued effort to develop area, proposed project departs from current housing policy, and need to address housing goals. Mayor Pro Tem Martinez, expressed concerned as to development project tied to an overlay expansion. Asked who gave authority to allow developer to pay for Environmental Impact Report, (EIR). City Attorney Carvalho, indicated planning department presented to City Council with qualified EIR consultants, staff chooses consultant from list, but is unable to identify staff memberwho authorized payment. Noted ability to investigate matter with approval from City Manager. CITY COUNCIL MINUTES 32 SEPTEMBER 18, 2018 1 OA -32 Mayor Pro Tem Martinez, indicated item is major policy decision that will have future implications. Unsupportive of item. Councilmember Solorio, noted community concern over blight and crime, benefit to city zoo, need for a variety of housing and economic development. Express support for item. Councilmember Benavides, expressed support to invest in economic development, to enhance and provide clarity in developing corridor, and priority to find a balance between housing and commercial needs. Councilmember Tinajero, noted item will increase yearly property tax revenue by $1.4 million for the city and up to $2 million onetime fees to the school district. Echoed statements made by Councilmember Sarmiento. Opined City is facing a severe housing shortage and opportunity to enhance area. Expressed support for item. Councilmember Sarmiento, concerned over delay of pending projects in overlay zone, staff instructions to applicant to delay project in order to include it with overlay zone, and staff instruction to pay for EIR of entire overlay zone. Noted payment by applicant will result in council losing discretionary rights as a legislative body, Mayor Pulido attendance at sub- committee, and potential violation of the Brown Act. Opined responses by City Manager, City Attorney, and staff do not meet expected standards, staff should know the legislative history and perform research before bringing item to council. Councilmember Solorio, noted City Manager Godinez and Director Thai recently joined the City of Santa Ana and it is inappropriate to place the accountability on them. Opined key documents were provided to council and responsibility lies with city council. Mayor Pro Tem Martinez, noted EDIBT meeting attendance by Mayor Pulido is a violation of the Brown Act, project imbedded in overlay zone appears to be quid pro quo, and intention to notify Attorney General for investigative purposes. Mayor Pulido, indicated former Director Hassan suggested a combined effort and sharing in the obligation, EIR will stand up to any challenge, and project will be a net benefit to the city. Expressed support for item. Councilmember Benavides, express concern in discussing project along with zoning. Noted applicants concern in area primarily consisting of housing and applicant's willingness to revisit project to enhance commercial aspect. Asked staff if approval of MEMU would preclude staff from further refining language. CITY COUNCIL MINUTES 33 SEPTEMBER 18, 2018 1 OA -33 Director Thai, confirmed applicant's willingness to revisit project to address residential and commercial mix. Opined MEMU language inspires a creation of an urban development that allows commercial and residential for the community to live, work and shop. Noted ability to work with developers to help implement vision upon approval of item. MOTION: Approve the Metro East Mixed Use (MEMU) Overlay Zone amendments and expansion project as originally proposed as follow: 1. Adopt a resolution. RESOLUTION NO. 2018-075 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT; ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2955 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Pulido, Solorio, Tinajero, Villegas (4) Benavides, Martinez, Sarmiento (3) None (0) None (0) *Councilmember Benavides left the meeting at 8:26 p.m. and did not return. 75C. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATIONS FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT CITY COUNCIL MINUTES 34 SEPTEMBER 18, 2018 1 OA -34 1301 AND 1305 WEST 12TH STREET (APN 004-131-34, 19) (NON - GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency Legal Notice published in the Orange County Reporter on August 10, 2018. Continued from the August 21, 2018 City Council meeting by a vote of 6-0 (Sarmiento absent) and September 4, 2018 City Council meeting by a vote of 6-0 (Benavides absent). Mayor Pulido opened the Hearing. The following spoke on the matter: • Rick Marshall, expressed support for item. • Karen Rodriguez, opposed to sale of any city own property without transparency and community input. Opined need to sit with community members and consider their needs. Mayor Pulido closed the Hearing and Council discussion ensued. Councilmember Solorio, supportive of item and of transparent process. Opined need to develop policy addressing the sale of city owned property. Expressed concern of city arranging with a property owner to purchase an adjacent lot when there are several lots with similar considerations. Moved to proceed with process and directed staff to reach out to community and inform them of opportunity to purchase city owned property. Inquired if the sale of property will be in legal compliance. Asked staff if city has the legal authority to sell this specific parcel. City Attorney Carvalho, noted sale of parcel is allowed pursuant to Municipal Code 2-709, which allows for the exception for sale of this parcel with two- thirds vote of the City Council. Mayor Pro Tem Martinez, unsupportive of item. Expressed need to pursue item in a responsible manner, to place all city owned property on the tax rolls in a deliberate and transparent process. Unable to support the sale of any city owned property unless a process and policy is implemented. Councilmember Sarmiento, expressed concern of procedural sale of public land. Opined no one is opposed to the sale of the two parcels, need to ensure community use, and possibility of having community member included in process. City Attorney Carvalho, indicated potential conflict if a member of a committee or commission has an economic interest. CITY COUNCIL MINUTES 35 SEPTEMBER 18, 2018 1 OA -35 Councilmember Sarmiento, inquired what would be the argument against having a community member sit on a committee. City Manager Godinez, indicated it would be highly unusual to have such a policy, currently there is no committee that provides recommendation on the disposal of property, and departments manage their own properties. Provided council with staff recommendation to create a committee made up of staff from different departments that would be open to the public and allow for public input. Councilmember Sarmiento, supportive of having community member sit on committee. Councilmember Tinajero, supportive of having community member sit on committee. Councilmember Solorio, expressed support of having public oversight, public participation, and variety of opinions. Mayor Pro Tem Martinez, introduced friendly motion to continue item and direct staff to provide council with policy, process and options of creating committee with community members. MOTION: Direct staff to provide options for consideration as to how to include residents in committees to review and recommend disposal of City owned property and agendize for the October 4, 2018 City Council Meeting. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 75D. PUBLIC HEARING: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STRATEGIC PLAN NO 4, 1) — Community Development Agency Legal Notice published in The Register on September 1, 2018. CITY COUNCIL MINUTES 36 SEPTEMBER 18, 2018 1 OA -36 Community Redevelopment and Housing Commission approved recommended action on August 22, 2018 by a vote of 5-0 (Cavo, Santana and Urzua absent). MOTION: Continue consideration of matter for two weeks to the October 4, 2018 City Council meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Benavides (1) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND PROVIDE SUPPORT FOR SANTA ANA UNIFIED SCHOOL DISTRICT'S EFFORTS TO ADDRESS ALLEGED RACIST BEHAVIOR AT THE ALISO NIGUEL V. SANTA ANA HIGH SCHOOL FOOTBALL GAME - COUNCILMEMBERS SARMIENTO AND TINAJERO Councilmember Sarmiento, expressed support for future joint effort between City and Santa Ana Unified School District to address incidents and allow for a teaching moment. Councilmember Tinajero, noted a handful individuals created issue and not all community members of Aliso Viejo feel the same way. Concerned over comments made by the wife of the mayor of the City of Aliso Viejo against the principle of Santa Ana High School. Importance of having both superintendents who quickly communicated with each other to ensure this is a teaching moment. Valerie Amezcua, President of the Board of Education, addressed City Council to convey goal of making this a teaching moment, need to bring districts together to start the healing process. Thanked City Council for supporting item. Stefanie Phillips, Superintendent of Santa Ana Unified School District, noted overwhelming support from districts and council. Opined opportunity CITY COUNCIL MINUTES 37 SEPTEMBER 18, 2018 1 OA -37 to create a positive conversation and address racist behavior to ensure all students are treated with respect and dignity. *Mayor Pro Tem Martinez left the meeting at 8:50 p.m. and did not return. Councilmember Solorio, opined incident touched all, importance of ethnic studies, and need to use incident to build character and promote learning and understanding. MOTION: Support efforts of the Santa Ana Unified School District. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Pulido, Sarmiento Solorio, Tinajero, Villegas (5) None (0) None (0) Benavides, Martinez (2) *Mayor Pulido and Councilmember Sarmiento left the meeting at 9:02 p.m. and did not return. Quorum was lost. MEETING ADJOURNED: 9:01 P.M. - The next meeting of the City Council is scheduled for Tuesday, October 2, 2018 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. COMMENTS PUBLIC COMMENTS (Non Agendized Items) • Donna Layne, Floral Park Neighborhood Association President, thanked police and code enforcement for shutting down Happy Hour Internet Cafe. Expressed concern over speeding cars in the neighborhood. • Raul Nolasco, expressed concern over computer intrusion at Santa Ana Public Library. CITY COUNCIL MINUTES 38 SEPTEMBER 18, 2018 1 OA -38 • Gabriela Gonzalez, on behalf of Casa de la Familia, addressed City Council to request support to promote domestic violence month in October, inform public of upcoming concert event on October 13th, and of go purple riding initiative. • Dale Helvig, expressed disappointment in councilmembers leaving before hearing public comment. • Peter Katz, echoed statements made by Dale Helvig and opined public comments are valuable. Noted proposed sales tax will be highest in the county and need to have citizen advisory board is necessary. • City Attorney Carvalho, noted for the record the City Council meeting will be deemed adjourned for lack of quorum. • Michael Plantamura, expressed opposition to 2525 Main Street development. • Connie Hamilton, informed City Council of an upcoming candidate forum at Delhi Center. Noted 11 candidates will be running in November, which includes two mayoral candidates. • Billy Leigh, expressed disappointment in councilmembers leaving before public comment period. Expressed opposition to 2525 Main Street development. • Venanicio Chavez, opined need to work with the school district to improve education. • Gary Thomas, opposed to 2525 Main Street development. •R CITY MANAGER'S COMMENTS City Manager Godinez, announced National Voters Registration Day press conference and encouraged all to attend. CITY COLINCILMEMBER COMMENTS Councilmember Tinajero, informed public of upcoming expo at Santa Ana High School and invited all to attend. Encouraged all to attend the candidate forum at Delhi Center. Councilmember Solorio, thanked residents for their patience and noted loss of quorum is not a common occurrence. Noted Happy Times Cyber Cafe closure was a result of interaction with the community and learning lesson to address similar issues citywide. Councilmember Villegas, echoed statements made by Councilmember Solorio. Provided report on Washington D.C. trip to advocate for police recruitment and training grants and also meeting at Bureau of Justice Administration to further advocate for grants to establish a family justice center in the city. CITY COUNCIL MINUTES 39 SEPTEMBER 18, 2018 1 OA -39 *Mayor Pro Tem Martinez attended the League of California Cities Annual Conference, Long Beach, CA September 12-14, 2018. ADJOURNED MEETING IN MEMORY OF KEENE NORWOOD WILSON, JR. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Policy on Use of General Reserve and Enterprise Funds CITY COUNCIL MINUTES 40 SEPTEMBER 18, 2018 1 OA -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: ORDINANCE SECOND READING: AMENDING THE METRO EAST MIXED USE (MEMO) OVERLAY ZONE (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 1 s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On September 18, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-3: ORDINANCE NO. NS -2955 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE (MEMU) OVERLAY ZONE (OZ -1) In summary, the MEMU Overlay Zone expansion and amendment project will extend the MEMU overlay zone west along First Street to Grand Avenue and will reclassify and amend certain land use districts and development standards, allowing additional mixed-use development opportunities in the project area. Additional details are provided in the Planning Commission staff report. The Subsequent Environmental Impact Report (SEIR), prepared as both a program and project -level document, evaluates the environmental impacts of the MEMU expansion and amendments project and of Elan, a mixed-use development that will be considered by the Planning Commission at a future date. 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: Amending The Metro East Mixed Use Overlay Zone October 2, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria Clerk of the Council Exhibit: 1. Ordinance No. NS -2955 11 A-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) 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 2007, the City Council approved and adopted the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1). The MEMU was intended to provide the framework for future redevelopment of a 200 -acre section of the City along First and Fourth streets between the Santa Ana (1-5) and Costa Mesa (SR - 55) freeways. B. Since 2007, one development project has been constructed and three others entitled that are consistent with the goals and objectives of the MEMU. However, changes to the development market following the recession have resulted in the need to modify the MEMU in order to 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. 2018-06 has been filed by the City of Santa Ana to apply the OZ -1 designation to approximately 52 parcels located along First Street between Grand Avenue and the Santa Ana (1-5) Freeway and along Lyon Street and Elk Lane between First Street and Chestnut Avenue (Exhibit A). A The OZ -1 designation of the various parcels as shown on Exhibit A will allow additional development opportunities of these parcels into mixed-use developments, thereby being consistent with the goals and objectives of the MEMU. E. Zoning Ordinance Amendment No. 2018-03 will amend the existing MEM( a copy which is available at the Planning Division Public Counter and Ma Public Library, or viewed on the City's MEMU webpage. The amendmen will create greater consistency among the MEMU and other form -base codes that have been adopted since 2007, including the Transit Zoning Coc and Harbor Mixed -Use Transit Corridor Specific Pian (Exhibit B). Ordinance No. NS -XX) Page 1 of 11 A-3 F. On July 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. 2018-06. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2018-03, and Zoning Ordinance Amendment No. 2018-03 to amend the MEMU. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on August 21, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated August 21, 2018 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2018-06 and Zoning Ordinance Amendment No. 2018-03 are 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 previously -approved Environmental Impact Report and the Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone (SCH No. 2006031041) 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 Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone meets all of the requirements of CEQA. Section 3. This ordinance shall not be effective unless and until Resolution No. 2018- (Subsequent Environmental Impact Report No. 2018-05 and General Plan Amendment No. 2018-03) 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-XXXX Page 2 of 5 11 A-4 ADOPTED this 21 s' day of August, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: c_.. 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 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 11 A-5 Ordinance No. NS-XXXX Page 3 of b EXHIBIT A Sectional District Map 6 R1 B Rt R1 6 P C1 � P P P CS CS 17TH ST CS € cs aC CS G Rle w n1x5v CI CS Ra RI '� R1 CS RIB RIA q19 '.. c5 0.1 o �q fl ,nxs1 S " n R1 c5 R1 W cs p PTX51 "IR 11 R1 RI W.14MOIp1 R Ca v�sxwmox.V R cs RI M v4twcmXRv A4 Q 5 ^ z q1 B RI i �RR14i �v Q �[a R1 cD ca oe ai a1 s O FRUIT ST sXFRT Rl 51 FRmt si R1 -PRO F—RIr BR.. 51 RI Al R1 ,a� RI 902, 1. i D. 'R'� cw,coao5i4°p1 R1 4 R1 1 F PIOZ p11R ' J. Ri q RI R1 RI d R1 ry Dla O.5 MAIL PI III C 4TH ST Q O a" a IF Cvov Bwsrort cvozlcvozl ° cvoz, d R1 cvwI 1 Pmx. o.... nnvrn ZONING DISTRICTS cs C1 cz S Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 iVAD FAMILY RESIDENCE -B PARKING MODIFICATION Ct COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE OZ OVERLAYZONE CIMD COMMUNITYCOMMERCIAL-MUSEUMDIST Mi LIGHTINDUSTRIAL R4 SUBURBAN APARTMENTPRD PLANNED RES IDENTIAL DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 8-5-9 CITY OF SANTA ANA. CALIFORNIA Exhibit: A 11 A-7 LLOLt MI .., MI Cx CYOZI C20 1a. O I QT S1 MI CS . N1 QqC901, c" 1 Boa : 9 c+mz+ CbOLt •1I0Z1 CA021" I L610E1 O i , CI .. ter. vr. d' rma.vas.va •1 � u �, �I L5 ; ♦11 MCFAEFIAV_..—..m.._....._..—.._.M' ......................................... O Al YI MI I M4MwE W � I MLSHME AV vn,sxw¢ av � 8 4� sue M1 I s M1 I 4060 I Pox: o.v INDrtI ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST R2 TWO- FAMILY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R7 MULTIPLE- FAMILY RESIDENCE -OZ OVERLAY ZONE CIMD COMMUNITY COMMERCIAL - MUSEUM DIST. MI LIGHT INDUSTRIAL Be SUBURBAN APARTMENT PLANNED RESIDENTIAL PRO DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOP MEM HD2 HEIGHTDISTRICTI C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL RI SINGLE-FAMILYRESIDENCE SECTIONAL DISTRICT MAP: 17-5-9 ol CITY OF SANTA ANA, CALIFORNIA Exhibit: A 11 A-8 Proposed Amendments to the Metro East Mixed -Use Overlay District 11 A-9 11A-11 Section 1 Purpose and Objectives 1 Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards q Section 5 Design Principles 24 Section 6 Signs 28 Section 7 Compatibility/Operational 30 Section 8 Standards Implementation 31 FIGURES Figure 1: MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1: District Descriptions 7 Table 2: Development Standards Summary 9 Table 3: Land Uses Table 4: Building Setbacks 10 21 G" ►D►:I Metro East Public Realm Amenity Plan 1.0 Purpose d Objectives 1.1 PURPOSE The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid -rise to high-rise office environment. This chapter establishes standardswhich will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. C. Achieve the harmonious integration of new mixed- use development projects within the existing fabric of the mid -rise and high-rise office environment and commercial land uses. d. Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consumotion. t I nrer�o easy fn[ xea-u: Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Contemporary design solutions f. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (1-5) Freeway, and the Costa Mesa (SR -55) Freeway. g. Create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Active urban mixed-use Street -facing retail h. Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic location. Provide for a mix of housing in order to encourage continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. m. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft -style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . q. Implement the City's General Plan. Ground -floor commercial space at strategic corner k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. Unique architecture Contemporary building materials + rn3t SixTrl sTRLEl -%1;� S fr�iCik PARK COURTPL Q�e} , 9'•T 9f> r it fi 114 Ais 1, k" { ++� A. , Y r5y }tlf''ii _k +i 8-,- '� ' Y'i 'ter i.._ _..., FOTH STREET=:, �- ea ya >a STREET `� Cn + " � syr g, Q vi FIRSTSTREET "'^" is as „, F�IIR}SSTSTREET(((((, till LMJ �� r. awe '{.,; ��: � � �{�' i � y S.'j �r � •a`� u r '+CHESTNUTAVENUE 3 metro east mixed-use; overlay zone 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article 1, Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (fable 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian -oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed -Use Overlay Zone. MEMU Overaly Zone Boundary Neighborhood Transitional District Village Center District ®Active Urban District _ Office District Pedestrian - Oriented Design at Ground Level Potential Roadways Z FIRST STREET CHESTNUT AVENUE Figure 2 MEMU Overlay Zone Development Districts W - mom m m S� SIXTH STREET, W z W W 7 z W Q z } 3 W H y a W F H O V O NORTH NOT TO SCALE Transitional District The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercial or office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and four (2-4) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Village Center District The Village Center District is intended to serve as the focal point and central E gathering place within Metro East in well-designed highly connected development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on a creating a vibrant, attractive, and highly -interconnected pedestrian environment. U I Opportunities will be provided for shopping, dining, recreation, entertainment ' and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and retail and commercial services, or ® �• opportunities for leisure walking within the District, The Village Center will provide commercial, office, and residential uses in the same building or on the same site in mid -rise buildings of six to ten (6-10) stories in height, in j, settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This t, District contains a pedestrian -oriented area designed to serve as a core activity center for the Metro East area. Developments within this core area along Fourth Street are allowed up to ten (10) stories in height to enhance the function of rt�? this area as a major activity center. �.•"""�ilF K1' The Active Urban District is intended as the location for well-designed Z{ 4rX high rise mixed use developments in a highly urbanized environment that w„ capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (1-5) and Costa Mesa (SR -55), and three major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is envisioned to reflect signature architecture that reinforces the identity and character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential uses within one vertical mixed use -building with commercial on the ground floor and office or residential on the upper floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity -enhanced environment that provides numerous open space opportunities within this urban environment for the enjoyment of residents, employees, and visitors, and to promote pedestrian connections between this District and the Village Center as well as Cabrillo Park located north of Metro East area. Vo VTI`IJIW _.Rim Office District The Office District contains existing low -to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (1-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 1 % •�! Wro A 141 The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. Development Standards by District 4.1 Land Uses 4.2 Maximum No. 1 6 No Maximum Stories -34 10 stories in Village Core 3 Stories Minimum 10 See Section 4.2 4.3 Minimum Development Site 20,000 sq. ft. 30,000 sq. ft. 1 acre1.5 acre Area 4.4 Permitted Street Level Building Front Porch Yes Yes No No Stoop Yes Yes No No Forecourt Yes Yes Yes Yes Shop Front Yes Yes Yes Yes Gallery Yes Yes Yes Yes Arcade Yes Yes Yes Yes 4.5 Publicly Accessible SOX of Total Lot Area 10% of Total Lot Area 15% of Total Lot Area 15% of Total Lot Area Open Space 4.6 Private/Common 90 sq. ft. per unit 90 sq. ft. per unit 90 sq. ft, per unit 10% of Total Lot Area Open Space 4.7 Building Setbacks (See Table 4 on Page 21) Residential: 2.25 Residential: 2-2.25 Residential: 2.25 Office: 3 spaces per 4.8 Parking spaces per unit s aces per unit P P spaces per unit P P 1,000 sq. ft. .Non -Residential: Per Non -Residential: Per Non -Residential: Per Other. Per Code Code Code Code * For further detail, refer to Section 4.8, Parking and Access 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41-601(c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU (SAMC). Overlay Zone is prohibited unless a determination is Live/Work Units Multiple -Family Residential Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) Bakeries Retail and Service uses Medical and Dental offices Professional, administrative and business offices Child care facilities Gymnasiums and health clubs Hotels Religious Institutions Schools Tattoo Establishments Temporary outdoor activities Theaters and cinemas Drive through establishments MM `a Q P N Subject to Sec. 4.1.2 of this division P N Subject to Sec. 4.1.3 of this division Special Provisions (references to other applicable code sections or O limitations) P I P I P I P P P o« u P P i c m� m o P P P P Live/Work Units Multiple -Family Residential Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) Bakeries Retail and Service uses Medical and Dental offices Professional, administrative and business offices Child care facilities Gymnasiums and health clubs Hotels Religious Institutions Schools Tattoo Establishments Temporary outdoor activities Theaters and cinemas Drive through establishments MM `a Q P N Subject to Sec. 4.1.2 of this division P N Subject to Sec. 4.1.3 of this division Special Provisions (references to other applicable code sections or O limitations) P I P I P I P P P I P I P CUP for liquor sales, after hours open P P P P P P P P P P P P P P P P P P P P N P i P I CUP N P P CUP N P P P As defined In Chapter 41 ofthe SAMC CUP CUP CUP CUP N P P N N P P N Subject to Sec. 41-199.3 of the SAMC LUC LLC LC LU Subjeccto Sec.41-195.5ofthe SAMC N P P P N N N N In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian -Oriented Design and Active Ground -Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian -oriented designs. The pedestrian -oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open -space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active -artisan use. Three-story live/work units 4.1.2 Live/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (1) off-street parking space shall be provided for each dwelling unit. c. A live/work unit shall be at least one thousand (1,000) square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred fifty (750) square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f. On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low -scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid -rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following heights are typical for the uses within a building as calculated from floor to floor: 1. Residential: 9-15 feet (includes lofts and live work unit designs) 2. Retail: 18 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet 5. Office: 13.5 feet B. In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2. Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C. New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1. Neighborhood Transitional District: Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story live/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and four stories. 2. Village Center District: Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low -intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18 -hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150'. Five -story mixed-use corner building (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. Front street building orientation Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, fa4ade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple -family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: Ten stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the 1-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid -rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: • Front Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade 1, Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2, Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3. Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop Front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements. 1. Front Porch A front porch is frontage wherein the fagade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in a ny d i recti on. exterior stair and landing. This type is recommended for ground floor residential uses. IM 3. Forecourt. A forecourt is a frontage wherein a portion of the fagade is close to r' the frontage line and the central portion is set back. The forecourt: created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks. mixed-usemetro east overlay zone 4. Shop Front � �. � = XKV1d�F �F 11 1 / / A shop front is frontage wherein the fagade is aligned close to the frontage line with the building entrance at sidewalk grade. This frontage is conventional for retail use. It has substantial non -reflective glazing at the sidewalk level and should include awnings at main entrances that may overlap the sidewalk consistent with the City's overhead sidewalk encroachment provisions. 5. Gallery A gallery is frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed ora lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. I An arcade is frontage wherein the fagade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street -facing fagade entry of the project. These areas may be inclusive of a front setbad< or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza 1. Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Active public/open space areas B. In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1. Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. 4.A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. S. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building facade (measured perpendicularly from the fa4ade). This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the fapade). This requirement shall apply to all sides of the required open space. b. The required publicly accessible open space areas shall be located and configured as one of the following: a. Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front fagade of the building as illustrated. d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated. 4.6 PRIVATE/COMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1. Neighborhood Transitional District: 90 square feet per unit 2. Village Center District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: 1. Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2. In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the Private rooftop deck Private balcony 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMO Overlay Zone shall be designed to provide setback areas from private or public streets as follows: Adjacentto public street right-of-way or _- 10ft(4) public easement Adjacentto alley or internal aisle aft -- Adjacentto parking 7 ft ClearZone 25 ft -- Adjacentto any residential use lstand2ndfioor 15 ft --- 3rd floor and above (5) 20/30 ft Adjacentto all other uses All floors 5 ft Up to 3rd floor 6 ft 4th floor and above 15 ft -- Notes 1. Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used, the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entry plazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum, a 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly -accessible open space. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from any residential use. 6. Clear Zones: a. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. b. The clear zone shall not be occupied by a ground floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: 1. In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMO Overlay Zone, with the exception that all structures shall maintain the maximum rear setback specified if the property abutting on the rear property line is developed solely as a residential use. 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3. Setbacl<s abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full -range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.0 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses:As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed—use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement forthe mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. B. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1. Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one (1) assigned space per unit. In order to provide well-designed parking areas that enhancethe pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. Screening of parking structures along main streets 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design Street -facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street -facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one -hundred -fifty (150) feet in length. c. The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rights -of -ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building fa(;ade) by b Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Contrasting colors and materials d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian -oriented amenities where feasible. Street -facing ground floor elements • ! *0gjqr a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a. Pedestrian- and sidewalk -oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. Pedestrian/bicycle oriented streetscape b. Pedestrian -oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle -scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian -scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. 11 .1 Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Main access signage 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c. Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Secondary access sign d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1. Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. e. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. residential uses on top 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PIAN REVIEW BY PLANNING COMMISSION A. Any application fordevelopment subject to the provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. 3. A master sign program, pursuant to the requirements of Section b. B. Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1. Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 'r• The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, )ment shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEO -A. These development capacity "triggers" are as follows: a. Commercial -770,400 square feet b. Office -552,000 square feet C. Residential -4,440 units 11 A-45 ` * .« \ . < / v w y. 1 \t0 ft%, -» ib C Re dei Table of Contents Introduction ......... Site and Planning Context Metro Last Public Realm Amenity Plan Existing Conditions Existing Conditions Street Trees Street Ligins Existing Streetscapes MEMU Overlay Development Zone Metro East Public Realm Amenity Concept Proposed Easements Street Trees Pedestrian Street Lighting Improved Streetscapes Cost Estimate Photo Survey 2 3 4 5 BaseMap..............................................................14 Locations and Types 15 Locations and Types 21 Typical Plans and Sections .............. ...-........... 23 ......... 28 ......... 30 31 32 33 Typical Plans and Sections .............................. 34 ............... 41 A1ru-o Last Public Realm Amenity Plan 1 11 A-47 Introduction The Metro East Public Realm Amenity Plan is an outline of streetscape and open space Improvements that reinforce the new uses proposed for the Metro East Mixed Use Overlay Zone, The improvements of this Plan are in addition to the normal infrastructure improvements that are consequent to new development. These improvements are proposed to ensure that the public realm complements and supports the introduction of residential uses into this formerly commercial area, Additional street trees, pedestrian scale lighting, district identity signs, water features, improvements to the character of Golden Circle Drive, and the acquisition of new open space amongst other improvements are all proposed to establish the amenities required to both attract and support quality residential and mixed use development. The goal of this public realm plan is to ensure that appropriate high quality streetscape and open space improvements are realized as this area emerges as a mixed-use urban village. cr olsama.a.o 14etro East Public Realist .Amenity Plays 2 — — --- ---- .. --— — — _ 11 A-48 Site and Planning Context Bounded by the Santa Ana Freeway to the East and the Costa Mesa Freeway to the West, the Metro East district covers approximately 147 acres of land in the north-eastern corner of the City of Santa Ana. a Key- Slid), a /ss�'r: Santa Ana Regional ti Transportation Center o a of Y a _ h 114 mile i Y Fourth St. 112 mile — i 1 i First'st. 1 mile Y 1112- 12- KeySli dy Area -^ City Boundary NN+�,J{ 0 500 1000 FT Git r qjSanni dm: Zlrtru Esast Public Realm Auric ilitq Pfau 11 A-49 Metro East Public Realm In conjunction with the Metro East Mixed -Use Overlay Amenity Plan Zone, this amenity plan provides a framework from which to build a clear Identity for the district. CABRILLO PARK .�.� in....... v�...4 ..` .�.... .,�..., _w'( '....('�. r� Vit^ ' c I ,•; -�-�4`—" ""T." s ' r F Wit - r i&k3 'iFit3Y'9t •'rnkRr rr� gg�, �r� r r R �� Rg��r rr .R rRr rR L �rrrrr ar RrmrRrrre � r ' � ,� :� � 5t � � ,• r Ili` 3'LJ a n A III' t� 6 ���:rrb5�Aidbi L11T.'7r f'Sr¢.a'�•r•'r. tt+^si'd _ro i\OO 4r OrOOOrrOOr Rrbl"CY .r OOO[.rrrrO ` nr Rnr Y -n-- .r—L�'�.--•—"..:'. iROrO�fl'Tti'"----..i - A , g�.g�,.�l� A.� rrir 't4�R f R,9{R4.;� I M MIla t 1 l� r' •J p 1 -_ Slow �rxr drr� Oa=n�R I \MOOSOaaarsa,- Key (\�''jN�\J -- SattivAbra "��'" PubhcQpenSpaco a Isu Mg) VI !.L/ i -• CQv Roundar 1, Zrisli g Stuart Trees = —•— E.risldrg Pavel Lines I& Existing PnLtt Trees -^- Setback Liras New SlreetTrres• b• h' ietin r Sten, ` ,e� Aem I''ethwHan Soret N ln.r �L=g i Addidanal Selback h'asentents ifeub Last PLIbIiC Rralra Amenity Plan � �.a l 11A-50 _ Existing Conditions Urban Studio documented conditions in the field, Photo Swrvey Locations the streets, sidewalks and open spaces that define the areas public resources. In general, district open space character has an incomplete sense of place with few fully realized streetscapes and little connectivity to the surrounding area. Key N ShtdV Ares it 230 sW FT ----^ C,ily Bonrulaiy �-� Metro Lisa Public Pcaim Anienih- Plan 11 A-51 Existing Conditions First Street First Street is automobile oriented. There is no sense of arrival or signage that marks the district. Street tree plantings are inconsistent and in many locations non-existent. First Street and Cabrillo Park Drive Looking West to East _ First Street and Golden Circle Drive Looking North �-� First Stroet and Tustin Avenue Looking North .J e sjn-nfSa f. Art¢ , Xtetro .hast Public Realrn Amenity Plait. G' I 11 A-52 Existing Conditions First Street (continued) The First Street environment mainly addresses the functional requirements of the automobile. C First Street View East �� First Street and Freeway Looking First Street View West to Freeway East 6 l First Street Panorama South Side First Street South Side _ 9 First Street South Side 1 s F(rst Street South Side `J - ---- - n s nay ��f s.,n�,,�� tura F..awt Public Rcrvinr ?.me mt} ]']an � 11 A-53 Existing Conditions Fourth Street is the central east -west street that Fourth Street bisects the district, but has missed median opportunities and no sense of arrival from the surrounding area. 11 Faurth Street and Cabrillo Park Dr1ve Looking Eaat to West ! l o l Fourth Street and Golden Circle Drive Looking North 3 Fourth Street and Tustin Avenue Looking West to East __ caPJ&,,wAnAletro East Public RealrnAnienityPlan 8 �j 11 A-54 Existing Conditions Fourth Street (continued) Inconsistent street tree plantings along Fourth Street and underutilized landscaped medians provide little sense of identity. Fourth Street Looking East to " Fourth Street Looking South at Fourth Street Looking West to 4 District _ 15 Freeway1 Freeway Overpass — --- .....--. - — - -- Fourth Street Looking South to Fourth Street and Park Center Fourth Street Looking Northwest from 1 Co rnercfa, Buildir��8� Drive Looking East �? 9 Intersection on Golden Circle Drive Fourth Street and Tustin Avenue Fourth Street Looking Southeast at Fourth Street L000king East Towards 2D Lookin West to East 21 Golden Circle Drive 22 Tustin Avenue -- -- - ...-- - --- .1- ---- cin r n Metro East Public iwenlm Amenity Plan 11A-55- Existing Conditions Golden Circle Drive Golden Circle Drive is the main centrally located north -south street that serves the district. rrt .. !'� '?` •.° i � � LLA .iQ���� � t �) .: a a i C�Fourth Street Looking North at 4j The Theme Building Looking The Theme Building from the Golden Circle Drive C '? North at Golden Circle Drive_ 25 Southwest _...-- a� a �m ". tam �Golden Circle Drive: Western Golden Circle Drive: Northern Fourth Street Looking Northwest from 26 Section Looking North _ P! Section �28 Intersection with Golden Circle Drive L jv r 29 Golden Circle Drive West Side GD Golden Circle Drive East Side Ct Gofden Circle Drive East Side I (Ao,,(5an,aAna MetroEast Public Realm Amenity .Plan 10 .. 11 11 A-66 Existing Conditions Cabrillo Park Drive connects the existing uses to tthe Cabrillo Park Drive major public amenity in the area, Cabrillo Park, Cabrillo Park Cabrillo Park Drive and Park Court Place CCabrillo Park Drive East Side — Cabrillo Park Drive View to Freeway- t Cabrillo Park Drive and First Street Golden Circle Drive / East Side riE}nfsare6rt.(rm Mateo East Public Realm Ani niiv Plan 1.1' 11 A-57 Existing Conditions Tustin Avenue provides a connection to the public Tustin Avenue bus transportation lines running north and south through Orange County. Tustin Avenue and East 6th Street North to South C 21 Tustin Avenue West Side 43 Tusiin Avenue West Side 44 Tustin Avenue West Side k' (la�-nf5ru.ubi� nIctro East Public Realm Auu tasty Phan 12 1 IA -58 Existing Conditions Tustin Avenue (continued) Street lights along the eastern side of Tustin Avenue are infrequently placed. Tustin Avenue East Side48 Tustin Avenue East Side 47 ----- -----_ ..... \tetra East Public Realm-Arnmity Plan LI3 r 11 A-59 Existing Conditions The existing conditions of the Metro East district Base Map include limited street tree plantings, a lack of distinctive markers, and lighting oriented towards the automobile. t; CARRILLO PARK �� � �j�g I_-- I Pf ..^ PARK100VAT PL �&5 4 - r 177, I . �`;' I it 1 f n l C f 'IIt � J^ FT c. B.�j^.—_t'�. FIRST ST.171 � Key -� - — Stuc(y Area (6) Existing Sheet Lights —�-- City Botnvdwy 0 Existing Sheet Trees \^N Ft\\ \0 ISO 300 FT 1 \.. Bits Stops (Routes 64 & 71) ExlstingPolm Trees Signalizedlntersection Notes • Existing bus stops along tat Street and Tustin Avenue. • Existing street trees vary In distance. . Only existing street lights; no pedestrian lighting. Nletro East Public Realm Amenity Pian 14 i 11 A-60 Existing District Street Tree Types The existing trees along Tustin Avenue vary widely in species. CABRILLO PARK —._.. Vin— Ell I� P Ml K�,PARiWOURT 7 F: � _ ® II 161 I 7- FI I I ,i , t �� X10 I N�— 4 14 5 12 w,�10 13—� 9/ 8 7'�6 /A , —� 11 7 In b Kev - •- Study Area ^— Ci(vBoundnty 0 Existing Sheet Trees Existing Palm Trees N 0 ISO 300 PT PyrusKawakamii 2'11gustrum Lucidum 3sL(quidambar 4,Syagrus Ramanzofflanum Metro Last Public Realm Amenity Plan 15`' 11 A-61 Existing District Along First Street, the predominant type of street tree Street Tree Types is the Leptospermum. '5 Brahea Edulis 6 Leptospermum 7 Leptospermum 8 Leptospermum 9 Leptospermum 10 Leptospermum 11 Leptospermum C i 4. f �ri i A n Aletro East Public Realm Amenity Plan 11 A-62 12 Leptospermurn Existing District Pinus Canariensis and the Ficus tree occur primarily Street Tree Types along the existing medians. LJ I --CABR44O PARK -111 n 1-7) r � q v I ..— e j _ i I tb-YvPAflIfCOQflT® o� 4. ill.d' 17 1 z 00 8 7 3 10 — jy (IU- (, — I I 0 � FIRSTS Key Stady Area --- CityBoandaty Existing Sh-eet Trees Existing Pnhn Trees �\� N rT*N�/] o iso 300 (T '`.L/ 11 .Pinus Canariensis 4i Ficus E 3 Ficus o„}ss„e�r.UJ Metro East Public Realm Amenity Ptah 17- 11 A-63 � � � � � \ \��_ \ /� � «�� �� \ �f�\` »-..� � � / \� Existuig District Lagerstroemia Indica is the existing median tree Street Tree Types along Cabrillo Park Drive. CASgIl40 PARK T. _ 12_s� IU .1517 _�` ffi I rEtxPARKY7217RT PL cOL2Ce+,_vLKs � 14 s A 7j-,jy Ie _. x 0 A. 10 5 nj77 6 °I --... � I r e:�' "� _l � i � "•t�- -- 41 PI FIRSTST. Key - — Sturty kwa -•—• CityBaunday 0 Existing Sheet Dees Existing Palin Trees N�j��/-\� 0 ISO 300 YT 3 "King Palms (Lagerstroemia Indica �3)Lagerstroemia Indica i iro :as[ Public Realm Amenity Plan 19� 11 A-65 Existing Street Lights All of the street light types in the area are cobrahead Locations and Types variants. CABRILLO PARK .. i I -J es`_ THST IEE _ ppm TPAFOI�flT PL—"" y,.—_�1 ,r�� / - `1 7: k. ¢ k / �S= w i�� IIIIS 7 f a C -,r7L-7 -17 ! iw! 7 5 Cr - N F., FIRST ST.: i�� ( ,1 I U Key -- - -• Study Area ----- City Boundmy 00 SxisthtgSheetLights 0 Signaiized/nlersectioh N�t��—�—/\j o Iso Sou F'r r (! rai5rznn nr:3 7 3 11ctLo East Public Realm 1�nemt}' Plan 21` 11A-67 Existing Street Lights Locations and Types Street lights along the First Street corridor are irregular. I m 5 0 3 Oso, f Saoa.4na Metro East Public Realm Amenity Plan 1 11 A-68- Existing Streets Wide streets and inconsistent street lights provide low Typical Plan and Section visibility for passing traffic and the surrounding environment. Main Traffic Corridor CAS' Scale: V=25' ----—._�_---- carMctro East Public Realm Amenity Mata 23 11 A-69 Existing Streets The existing medians and sidewalks along Fourth Typical Plan and Section Street are sparsely landscaped and make little use of the potential gateway qualities of this major street. Central Street Corridor �J Scale: T'=25' r s cap�,fs,mtaA... Metro East Public flea n Amenity Plan HCl; r i' 11 A-70 Existing Streets Cabrillo Park Drive maintains a fairly uniform raw of Typical Plan and Section street tree planting north of Fourth Street. However, the southern portion of the street breaks with the regularity. Typical Local Access Street Scale: V=25' ININI-0 Eaht PUbIiC Realm Amenia, Plan 25 11 A-71 _ Existing Streets Golden Circle Drive is a narrow two lane street Typical Plan and Section providing access from First to Fourth Street. W.V.22-W 2z -w a Main Street Scale: 1"=25' CityMetro 61st Public c RcrinAmenity Plan 26 11 A-72 Existing Streets Typical Plan and Section Street tree plantings along Park Center Drive are non-existent 8'.0" j 22.0' 22'.0" 1 6,0` Secondary Local Access Streets Scale: 1"=26' „ u(foi,w.Lm Metro Last Public. Reahn.Amcnity Plan 27` 11 A-73 MEMU Overlay Development Zone Districts E=I,Ji �Nis 0[7 rp n MURM GAMIUOFXRK 7N7 N 1 43-Y LL TZ 71 r n in Key N Study Area District 1: Neighborhood Transitional City Boundary Dish -id 2: Village Center Existing Parcel Lines District 3: Active Urban ❑ E3 Improved Pedestrian and Bicycle Corridor R,91/5 Pedestrian-Orlented Uses on Ground Level f +mw+ Pedestrian Linkage ExIsIbig Office Uses 0 250 snow 1,500.ft, Radhis fMalkingDWance Ca.Qf&wtfaAno Metto Last Public Realm AJI-Icuity PlaIll 11 A-74 MEMU Overlay Development Zone District Descriptions 11 A-75 District 1 _ _, 1j{ District 1 is intended to provide opportunities for Neighborhood low -intensity development that acts as a transition Transitional between the single-family residential to the north and the adjacent high-intensity Active Urban District. i District 2 District 2 is intended to serve as the focal point and K Village Center central gathering place in well-designed highly connected development sites and public sites. r District 3 District 3 is intended as the location for well-designed Active Urban high rise mixed-use developments in a highly urbanized environment. Pedestrian -Oriented Pedestrian -oriented uses are Intended to generate Uses on Ground Level pedestrian activity and provide uses that are neighborhood serving and contribute to an active k street life Existing Office Uses Existing office uses include low and high rise office development along Tustin Avenue and the Santa Ana { I I (1-5) Freeway Corridor. Cil, ofSmw Am, Metro East Public Realm Amenitc Plan 11 A-75 Public Realm Concept The proposed public realm amenities will enhance the pedestrian scale and quality of living in the area. KeL N Study Area— District 1: Neighborhood 7,ansillonal City Boundwy District 2: Village Center Existing Paivel Lines District 3: Active Urban Gamey Opportunities Pedestrion-Oriented Uses on Ground Level [:3 El ED Alain I)-ajlc Corridors Existing Ofjlce Uses DEIE3 Local Access Sweets (existing & nem) 0 El D Central Sheet Corridor Open SpacelPedes(rian Linkage Component won Moin Sh-eet 1,500 ft. Radlas Walking Distance 0 250 500 FT MON Alley Street with Pedestrian Orientation Metro East Public Realm ArneniLy Plaii 11 A-76 Proposed Easements By allowing for greater easernents, this plan provides an opportunity to create a walkable environment and a friendly pedestrian atmosphere. PARK, CCURT PL LOPARK KeV N - — 511141 rea - — -- - Selhack Lines �u ;oo rr ---- C'7lr Hwilldort' h.1'islnlg Sll'ec'ls r• r� _. --- h'xistiag Parcel Lines _ : Idditional Setback h'asealelllc Pithhc Open Solace Notes . Minimum 35,000 SF of public Ian space including roads shall be created within this area. , • NEW and EXISTING Dimensions from Center of Right-ol-way, 1lrtrrr East I'uhlic ReArn rlrrmenita Plan 11 A-77 Improved Condition Consistent street tree plantings throughout the district Base Map provide a coherent visual identity and an attractive Street Trees streetscape for visitors, workers, and residents. _ s , 1 y C ip, 0s�_i 9 . c C+ _ c •. ji i 1 n + Key - — Shady Area -•— Oh"801111dary --- Setback Lines `T%, Existing street Trees Existing Pale Trees New Street Trees Notes; New street trees should average 30' on center. . Flowering trees at medians create seasonal color. 01.1"JSw#OAnn tifetrn East Public Realm Arrtcmti' Pian 11 A-78 - Improved Condition Regular pedestrian street lighting throughout the Base Map district increases night-time visibility and safety for Pedestrian Street Lighting pedestrians. CABRILLO PARK 17 ilk �I FL _!j —PARK40WAT PL. r �Z L Jj ki ..... . . ..... . Key Study A?va QyBoundaty Setback Lines Bas Stops (Routes 64 & 71) New Pedestrian Slivel Lights Notes -, Pedestrian lightpoles in the Central Area every 60 ft. I— _I 4- - -i, N 150 300 FT C1?,,f,qnwa 4w, Metro East Public Realm Anieiiiw Ptah 33 11 A-79 Improved Streetscape Typical Plan and Section Improvements: ■ District signage & identity with flowering trees at remainder of median ■ 10' vs. 8' sidewalk ■ 5' parkway at curb Infill: ■ Magnolia Grandiflora or similar at ± 30' o.c. along sidewalk ■ Pinus Canariensis or similar at t 30' o c. on median ■ Pyrus Kawakamii or similar at t 30' o.c. on median Pynis Kawakamii M�" Magnolia Granth lan ' Pedestrian Light Poles: Alternative 1 IT Altestative 1 District signage and flowering trees mark Fourth Street as the major gateway into the district. 1B. -O.- i- 42'-0" 142'V 1 16.0, Scale: Condition -- ...... Ana l tro East Public Realm Ainenity Flan 34 11 A-80 Improved Streetscape Wider sidewalks in conjunction with the parkway Typical Plan and Section enhance the overall quality of the urban environment for both pedestrians and automobiles. Improvements: ■ 10' vs. 8' sidewalk r 5' parkway at curb r New pedestrian light poles at ±- 60' o.c. along sidewalk Infill: ■ Magnolia Grandiflora or similar at ± 30' o.c. along sidewalk ■ Pinus Ganariensis or similar at±30' o.c. on median I 15.0" 421-0" 42'.0" 1, 18'-O" I. Magnolia Grandiora Pedestrian Light Poles: Alternative I AUernalive 2 AJ Central Street Corridor Scale: 1"=25' rrix,1tic11-o Gast Public Realm Amenity Plan 35' 11 A-81 Improved Streetscape Decorative paving and pedestrian scaled lighting place Typical Flan and Section an emphasis on the walkable nature of the district. Improvements: ■ One lane in each direction with parking on both sides ■ 8' sidewalk ■ 4' parkway at curb ■ Pedestrian light poles at± 60' o.c?in`line with trees Infill: ■ Ligidambar or similar at ± 30' o.c. along sidewalk 12-0 2z'-0" 22'-0" i2' -p" I. Liquidambar § rot Ni Pedestrian tight Poles: Alternative i 1 IT Altemative2 1 Secondary Local Access Streets Scale: 1"=26' — CiiP,f irsaAna -3fi Metro l?,ast Public Realm tlriienity Plan P 11 A-82 ry Proposed Streetscape Greater allowances for the parkway provide a physical Typical Plan and Section buffer between pedestrians and automobile traffic. in turn, this buffer increases the comfort level for pedestrians. Improvements: e 8' sidewalk r 4' parkway at curb ■ Pedestrian light poles at ± 60' o.c. in line with trees Infill: ■ Leptospermum or similar at ± 30' ox. along sidewalk ® Pyrus Kawakamii or similar at ± 30' o.c. along sidewalk Leptospennuin Pedestrian Light Poles: Alternative 1 I 54'-0" i i 54'•0" Main Traffic Corridor / Scale; 1"=25' f iit �f5arzm riru `Retro 7i:lst l ttfaLr' Realm =VMIlit4' Rai 11 A-83 35: ® C Main Traffic Corridor / Scale; 1"=25' f iit �f5arzm riru `Retro 7i:lst l ttfaLr' Realm =VMIlit4' Rai 11 A-83 Proposed Streetscape A variety of trees located at the curb and the median Pian and Section give the street a diverse range of colors and textures as the seasons progress. Improvements: ■ 8' sidewalk ■ 4` parkway at curb ■ New pedestrian light poles at ± 60' o.c. in line with trees Infill: ■ Platanus or similar at t 30' o.c. along sidewalk ■ Pyrus Kawakamii or similar at:t 30' o.c. along median ■ Lagerstroemia indica or similar at t20' o.c. along median �° 1 •4� am Platanus Pedestrian Light Poles: Y Alleniallve %-Ir 1 a � --. Allentarive 2 Typical L04aI ACCesS Street Soale:1"=25' L cr:�-alc �a a Metro East Public Realin AmcnityPlan 38 11 A-84 Proposed Streetscape Generous decoratively paved sidewalks provide Typical Plan and Section a textured surface and visual appeal for the area. Improvements a 15' decorative paved sidewalk ■ Pedestrian light poles at + 60' o.c. in line with trees Infill: ■ Koelreuteria Bipinnata or similar at±30' o.c. along sidewalk 15,-O" 22'-W — 22'-0„ 15,0" i ''i.,, I i "r - gyp,:, Koehvuteria Bipinnala ®� b a Pedestrian Light Poles: r Alternative 1 �c r 151-0" 18'-R" 14'-0" 14'iD' 8' R" f 151-0 � Alternative 2 Typical Main Street _ Scale: V=25' Ci1�uf5v�fn Ann) - x _ Xfet.<1 Exist 1 ttlllai� Realm :11n4�1ut5 Plan 11 A-85 Proposed Streetscape Typical Plan and Section Improvements: ■ 37' decorative paved street with pedestrian orientation ■ Bollards 5' from one-way alley at ± 10' o.c. ■ Pedestrian light poles at± 60' o.c. in line with trees Infill: Koelreuteria Bipinnata21' from curb ± 30'oc. Pedestrian tight Poles: Alternative. l i -T - -- Alternative 3 Located between First and Fourth Street, the pedestrian -oriented street creates a natural gathering place for the community. 1 _ eno^ 1 26.4. I. 37'4" .,. i0:. IVAU II 26'-0" RT> Pedestrian -Oriented Street Scale: 1"=25' (aa}olSnna, qna Metro Eam Public Realm .Amenity Plan 11 A-86 Metro East Public Realm Amenity Plan Cost Estimate METRO EAST PU6IIC REAIM AMENITY PLAN NIT C Si IMA FOR AM NITY IMPROV MEN S UM[ Unit Number of ImpraVement T e est Unite Cost Nstae (N) Roadway. (acquisition) cast of development (N) Roadway. (eanetmetlon) coat of development (N) S(dewalka (acquisition) cost of development (N) Stdewalka (camtucGan) cost of development (N) Paved SN.W.W B Golden 0.1. Drive emmme feet $16 35,000 $560,000 (N) Paved Surface at (N) Nley - cost of development (N) Public Open Space (acclubloon) scum. feet $125 43,500 $5,437,500 assurnme purchase of epproximptety one nam of now open space In district (N) Public Open Space (befell and eoftscepe) square feat $20 43,500 $520.000 assume, improvement of one acre of new open space (N) Parkway. (landsman. Improvement.) - cost of development Medlana (ministate and softeoopa Improvements) endsrs feet $5 23,500 $141,000 Irtlgatlon spume feet $3 23,500 $70,500 0owsnce (N) Trans (evaporate, tmiduoo, and tbwering) each $1,000 000 $800,000 (N) True Dunce each $1,000 100 $100,000 Golden Cents Dew, only (N) Tees Grates each $1,000 100 $100,000 Golden Circle Odve only (N) Pulubi Street ❑ghgng / Pole, each $3,500 275 $902,500 (N) Sellers, eacb $750 200 $150,000 (N) Truh Receptacles each $750 100 $25,000 (N) Santhe. each $1,250 100 $125,000 (N) SMyela Racks eoch $1,250 100 $1251000 (N) Newspaper Racks such $1,000 20 $20000 (N) Sus Suisse each $30,000 ] $210,000 allowance (N) WayOnding / Dletdd Identity Ouch $2SO,000.Oo $2$0,00D aibwnnos Gataway Monuments each $25,000.00 2 $50000 allowance Water Features / Fountains each $50,000.00 4 S200,000 allowance Subtotal Unit costa Contingency 0 Englneering and Dust, Construction Management Subtotal Metro East Public Real Amenity casts Assume Inflation During Pru)ect Duncan 0 Metro East Public Realm Amenity Casts 410 46 5 0 Ivoludas Contract., 0 & P 20% .42 049. DO 5% 1$614.790 5% 15614]90 52536 YO% $162$tl 456 (ill og8mtuAnn 3 l[ttro East Public Realm .Une)utN Han 41 11A-87 11 A-88 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR SEPTEMBER 2018 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Public Works Agency Status of Projects - Monthly Capital Improvement Program Executive Report for September 2018. DISCUSSION The September 2018 Capital Improvement Program (CIP) Executive Summary (Exhibit 1) provides Public Works Agency activity in alignment with the City's Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. The CIP Executive Summary Schedule for all projects is available on the City's website at: htto://www.santa-ana.olra/i)wa/documents/ExecutiveMonthIvCIPSeiotember2018 pddf The following remarks are provided to note significant matters related to the Agency: Seventeenth Street Median Tree Irrigation Pilot Project To improve median tree health, a tree drip irrigation system will be installed in the street medians on Seventeenth Street, between the 55 Freeway and Bristol Street. The maintenance effort is a pilot project developed in collaboration with the Environmental and Transportation Advisory Committee and scheduled for this fall. It will involve the capping of sprinklers to avoid unnecessary watering of the medians and installing a drip ring system that will concentrate irrigation around the tree root system. This irrigation method will further benefit the trees by providing measured and consistent watering, eliminate run-off onto the streets, and reduce water wasting and further conserve water. 19C-1 Monthly CIP Executive Report for September 2018 October 2, 2018 Page 2 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/Ro fiscal impact associated with this item. Fuad Ss, PE, PLS Executive irector Public Wo ks Agency FSS/NEG Exhibits: 1. CIP — Executive Summary Schedule may be reviewed at: http://www.santa- ana.org/pwa/documents/ExecutiveMonthlyC I PSeptember2018. pdf 19C-2 3 'a II il�IIIIII'��I'I N C a 'i ry W u c 3 Z 2 W .• z .. W W 26 W z z S Y.€ N . .. � . 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F N N N N N cO w N u T Z V3 T T T V1 M1 T `y T g� d G n s � 6 V A Cl d' V ° Imil g V L N N 'I FO m E N E E .Ni E- ji N$ a oa'`o 'c w•"•3 0 = E N yyn''''.�, CCS«� v °�`°'k =`o �3 v'or5� a 'd a "a"v4S�v¢i o miO p 853¢3 m`333m3.^+i $�¢i VR�s°i8 ¢ 3 W 3aa""'�. pip �' 01 N M IVI N OI N N N O b 8 N lW� O^ 1� OPf N4 � W IT/1 V N P T 1h N N N N N N y jN 1§C- z . no |¥(!!\!||||!(T \kcc E(( : �.;A.;2bv !( � � \ � r § _; 2 ; G\}� ; 2 ![|■(|||(|! 2 0 (((..... . ■■a §�z i § a ! , ■(s■■ 999 ■■ ._ 4$EA .` . {s,&&� _ � ■ » \. !'I a §'C | /2§� Mc§ / § § �Q y w i c � 727■§!2)f!!f)° ;/ . . . .& / ...... .. . , � ' \ k , ) 1§C- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: RECEIVE AND FILE — PROCESS IMPROVEMENTS FOR THE PREFERENTIAL PERMIT PARKING PROGRAM (STRATEGIC PLAN NO. 7.6.e) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0»0009.7 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file information related to process improvements for the Preferential Permit Parking program. DISCUSSION For many years, the City has had a permit parking program whereby residents may choose to reserve some on -street public parking adjacent to their property when there is an excessive number of vehicles intruding from other neighborhoods, nearby apartment complexes, or other high vehicle parking generators such as high schools. Section 36-490 of the Santa Ana Municipal Code authorizes the Public Works Executive Director to establish rules and procedures necessary or appropriate to implement the Preferential Permit Parking Program. The qualifying process involves two major phases: 1. The first phase involves a field observation to verify if there is a need to restrict parking. Field observations are generally conducted nighttime or very early in the morning. 2. If the field observation confirms the need for permit parking, then a formal petition is initiated whereby the majority of the block residents vote on the formation of permit parking. Accordingly, a permit district is enacted on a block by block basis, and each resident is issued a limited number of parking permits resulting in a greater likelihood of public parking spaces available for their use. For many years the process has worked satisfactorily and requests have been managed in a reasonable timeframe. Over the last few years, a combination of limited staff and greater vehicle densities has led to an unacceptable backlog of requests. Also, due to the many steps involved, the process has been taking about 9-12 months to be completed. 19D-1 Receive and File — Preferential Permit Parking Process Change October 2, 2018 Page 2 While staff has begun analyzing the program to make major changes to achieve long term effectiveness, there was an immediate need to relieve a backlog of about 100 applications which resulted in requests taking too long to process. As mentioned above, the permitting process includes nighttime field observations, notification & petition by residents, final approval and street signage modifications. After analyzing permit process data from the last two years, it was noted that about 80% of the requests pass the field observation phase and only 22% are approved by the residents as shown in the table below. Year Requests Passed Observation % of total Passed Petition /o of total 2016 165 135(82%) 33(20%) 2017* 140 108 77% 34(24%) Totals 305 243(80%) 67(22%) rntnes incivae onry [nose wnicn nave compietea petition process as of 8/31/18 Given these findings staff will bypass the field verification observation and move directly to the resident approval step which involves submittal of an interest form showing that at least 51 % of the block residents concur with the request along with photographs documenting the parking shortage. It is expected that the procedural changes will result in a significant reduction in the delay to implement permit parking applications, save staff time, and allow Public Works to provide better customer service by focusing on requests with a higher chance of success. This will also have a benefit of providing quick responsiveness by allowing the requestor to immediately initiate action and perform the petition phase. In addition, the staff workload and backlog is expected to be reduced by at least one half. There are currently 100 requests that were filed under the old procedures and have not been field verified yet. Those applicants will be given the opportunity to apply under the new process to expedite their permits. However, if the requestor chooses not to participate, the field observation will take place as originally planned. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization), Strategy E (identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community). 19D-2 Receive and File — Preferential Permit Parking Process Change October 2, 2018 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT no fiscal impact associated with this action. Fuad'S. ISweiss, PE, Executivp Director Public Vqorks Agency 19D-3 19D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT LOCAL PARTNERSHIP PROGRAM GRANT FUNDS (STRATEGIC PLAN NO. 6,2) IEZ MANAGER 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 South Coast Air Quality Management District (SCAQMD) for AB2766/Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Government Partnership Program grant funds, for the period of October 1, 2018 through June 2026, in the amount not to exceed $385,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing South Coast Air Quality Management District, Mobile Source Air Pollution Reduction Review Committee grant funds in the amount of $385,000 in the Air Quality Improvement revenue account and appropriate same to expenditure accounts. DISCUSSION The City of Santa Ana has recently been awarded a $385,000 grant from the South Coast Air Quality Management District (SCAQMD) under that Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Government Partnership grant program. The goal of this program is to help achieve mandated reductions in smog -forming pollutants by providing funds for projects focusing on zero and near -zero emission vehicles and supporting infrastructure. On February 20, 2018, the City Council approved a resolution authorizing submission of the grant application of the preliminary project proposal which consists of the following elements: • Purchase and installation of six dual EV Charging Stations 0 4 stations in various downtown parking structures 0 2 station at Corporate Yard for City Pool Car use • Purchase of six Chevrolet Bolt Electric Vehicles 20A-1 Agreement with SCAQMD for Local Partnership Program October 2, 2018 Page 2 o 2 vehicles for Planning & Building staff o 4 vehicles for City-wide Car Pool • Purchase of nine Near -Zero CNG engines for upcoming heavy duty Water Department vehicles replacement. As outlined in the February 20, 2018 City Council action, the grant proposal was submitted and subsequently reviewed and approved by the MSRC in July 2018. The agreement between SCAQMD and the City has a duration of ninety-two months and its approval will help SCAQMD achieve State -mandated reductions in smog forming pollutants throughout the Southern California area. Approval of the Agreement is the final step in the grant award process by MSRC. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FISCAL IMPACT The appropriation adjustment will enhance the Air Quality Improvement revenue account (no. 03110002 52351) by $385,000 and appropriate same to expenditure account (no. 03110102 66400) for FY 2018-19. APPRO7UNDS AND ACCOUNTS: Sergio Vidal Utz Acting Executive Director Finance and Management Services Agency CL/sv Exhibit: 1. Agreement 20A-2 South Coast Clean Contract No. MLISO46 Air Quality Management District "' Fu ,dingy" 't1°`� (ram the MSSRC AS 27661MSRC LOCAL GOVERNMENT PARTNERSHIP PROGRAM CONTRACT PARTIES The parties to this contract ("Contract") are the South Coast Air Quality Management District (referred to here as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of Santa Ana (referred to here as "CONTRACTOR") whose address is 20 Civic Center Plaza, M-11, Santa Ana, California 92701, 2. RECITALS A. SCAQMD is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of the South Coast Air Quality Management District in the State of California (State). SCAQMD is authorized under State Health & Safety Code Section 44225 (AB 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AS 2766, SCAQMD's Governing Board has authorized the Imposition of the statutorily set motor vehicle fee, By taking such action, the State's Department of Motor Vehicles (DMV) Is required to collect such fee and remit it periodically to SCAQMD. C, AS 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by SCAQMD into a separate account for 'it' h'e sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles D. AS 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by SCAQMD's Governing Board, SCAQMR authorized this Contract with CONTRACTOR for equipment or services described in AtElIffieff "T"'atdfement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AS 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Partnership Program Proposal dated March 1, 2018. F. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. 3. DMV FEES CONTRACTOR acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected under AS 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that payment under this Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees, AUDIT AND RECORDS RETENTION A. CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from motor vehicles pursuant to the Clean AirAct of 1988. B. CONTRACTOR agrees to maintain records related to this Contract during the Contract term and continue to retain these records for a period of two years beyond the Contract term, except that in no 20A-3 Contract No. ML18046 case shall CONTRACTOR be required to retain more than the most recent five years' records. SCAQMD shall coordinate such audit through CONTRACTOR'S audit staff, C, If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek reimbursement, from CONTRACTOR in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 5. TERM The term of this Contract is for ninety two (92) months from the date of execution by both parties, unless terminated earlier as provided for in the TERMINATION clause of this Contract, the EARLY TERMINATION clause, or the term is extended by amendment of this Contract in writing. No work shall commence prior to the Contract start date, except at CONTRACTOR's cost and risk, and no charges are authorized until this Contract is fully executed, subject to the provisions stated in the PRE -CONTRACT COSTS clause of this Contract. 6. SUCCESSORS -IN -INTEREST This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of CONTRACTOR and their executors, administrators, successors, and assigns. 7. REPORTING CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1 - Statement of Work. SCAQMD reserves the right to review, comment, and req11 uest changes to any report produced as a result of this Contract. 8. TERMINATION A. In the event any party fails to comply) with :any term Ior condition of this Contract, or fails to provide services in the manner agreed upon; -,jgjluding, but not limited to, the requirements of Attachment 1 - Statement of Work, this failure shall constitute a breach of this Contract. The non - breaching party shall notify the breaching party that it must cure this breach or provide written notification of its intention to terminate this contract. Notification shall be provided in the manner set forth in the NOTICES clause of this Contract. The non -breaching party reserves all rights under law and equity to enforce this Contract and recover damages. B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30) days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the extent or directed otherwise by SCAQMD, discontinue any Work being performed under this Contract and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to SCAQMD. Thereafter, CONTRACTOR shall perform only such services as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by SCAQMD. C, CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective date of termination under section B of the TERMINATION clause of this Contract. Before expiration of the thirty (30) days' written notice, CONTRACTOR shall promptly deliver to SCARMD all copies of documents and other information and data prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of such materials, which may be retained by CONTRACTOR 20A-4 Contract No. MLI 8046 9, EARLY TERMINATION This Contract may be terminated early due to the following circumstances: The infrastructure identified in Attachment 1, Statement of Work, becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance, 10, STOP WORK SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including, but not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall Immediately take all necessary steps to comply with the order. CONTRACTOR shall resume the work only upon receipt of written instructions from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands that CONTRACTOR will not be paid for performing work while the stop work order is in effect, unless SCAQMD agrees to do so in its written cancellation of the stop work order. 11, INSURANCE CONTRACTOR represents that it is permissibly self -Insured and will maintain such self-insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by the SCAQMD below. The certificate of self-insurance shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765.4176, Attention: Cynthia Ravenstein, MSRC Contracts Administrator The,SCAQMD Contract Number must be included on the face of the certificate, If CONTRACTOR':faila to maintain the required insurance coverage, SCAQMD reserves the right to terminate the Contractor purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTf7ACTOR. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. 12. INDEMNIFICATION CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents, representatives, and successors -in -interest against any and all loss, damage, costs, lawsuits, claims, demands, causes of action, judgments, attorney's fees, or any other expenses arising from or related to any third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this Contract. This Indemnification Clause shall survive the expiration or termination (for any reason) of the Contract and shall remain in full force and effect. 20A-5 Contract No. ML18046 13. DISCLAIMER OF WARRANTY The purchase or lease of funded vehicles/equipment is the CONTRACTOR's decision. The SCAQMD does not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise, quality or usefulness of the technology or product. Without limiting the foregoing, the SCAQMD will not be financially responsible, or otherwise liable, for the installation or performance of the vehicle/equipment. 14. PAYMENT A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Three Hundred Eighty Five Thousand Dollars ($385,000) in accordance with Attachment 2 - Payment Schedule expressly incorporated herein by this reference and made a part hereof of the Contract. B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work and the final report, CONTRACTOR's invoice for the withheld amount shall be released, Proof of project completion shall include a Final Report detailing the project goals and accomplishments, data collected during project performance, if any, documentation of significant results, and emissions reduction input data needed for calculation of emissions reductions. C. Any funds not expended upon early Contract termination or Contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by SCAQMD to CONTRACTOR within thirty (30) days after approval by SCAQMD of an itemized invoice prepared and furnished by CONTRACTOR. D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company letterhead, and list SCAQMD's contract number, period oovere&i invoice, and CONTRACTCR's social security number or Employer Identification Number arid Mmitted to: South Coast Air Quality Management District 21865 Copley Drive " Diamond Bar CA_81 i 74 73 _ r Attn: Cynthia Ravenstein, MSRC Contracts Administrator 1 Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment, material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost. Supporting documentation must be provided for all individual charges (with the exception of direct labor charges provided by CONTRACTOR). 2. SCAQMD shall pay CONTRACTOR for travel -related expenses only if such travel is expressly set forth in Attachment 2 - Payment Schedule of this Contract or pre -authorized by SCAQMD in writing. 3. CONTRACTOR's failure to provide receipts shall be grounds for SCAQMD's non -reimbursement of such charges. CONTRACTOR may reduce payments on invoices by those charges for which receipts were not provided. 4. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or Invoice may not be paid. 15. COMPLIANCE WITH APPLICABLE LAWS CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract, CONTRACTOR must also ensure that the vehicles and/or equipment to be purchased, leased or installed in the performance of this Contract are in compliance with all applicable federal, state, and local air quality rules and regulations, and that it will 20A-6 Contract No. ML18046 maintain compliance for the full Contract term, CONTRACTOR shall ensure that the provisions of this clause are included in all subcontracts, 16. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCsI A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from funding sources other than AB2766, These MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AS 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766- MSERCs," C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AS 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits, Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs C;QNT.RACTOR would then receive the balance of the MSERCs not associated with AB 2766 fUr'dillg 17. NOTICES. All notices that are required under this Contract shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall�e deJivergdfo_tLe attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon sending, provided the sender obtained an electronic confirmation of delivery, Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Tuesday -Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U. S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery). SCAQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravenstein(@,agmd.gov CONTRACTOR: City of Santa Ana 20 Civic Center Plaza, M-11 Santa Ana, CA 92701 20A-7 Contract No, ML18046 Attn: Chris Langenour, email: clangenour santaµana.org 18. INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents, representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. SCAQMD will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or subcontractor's means, methods, techniques, work sequences or procedures, or for the safety precautions and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements. 19. SUBCONTRACTOR APPROVAL If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or designee prior to subcontracting any work. Such prior approval applies only to subcontractors not already included in Attachment 1, Statement of Work. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or paymenticost schedule shall also require the prior written approval of the Executive Officer or designee. No subcontract charges will be reimbursed unless the required approvals have been obtained from SCAQMD. 20. OWNERSHIP Title and full ownership rights to any equiprrfent12Urbh'1sect under this Contract shall at all times remain with CONTRACTOR. 21. SECURITY INTEREST CONTRACTOR hereby grants SCAQMD a s�uriyntegsjn any and all equipment purchased, in whale or in part, with funding provided by SCAQMD pursuant to this Contract. CONTRACTOR acknowledges and agrees that SCAQMD shall have all lien rights as a secured creditor on any and all equipment purchased in whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The SCAQMD shall have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that SCAQMD is authorized to file a UCC filing statement or similar security instrument to secure its interests in the equipment that is the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify SCAQMD within 10 business days of such filing. 22. NON-DISCRIMINATION In the performance of this Contract, CONTRACTOR shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, mental status, medical condition, physical or mental disability, denial of family and medical care leave, denial of pregnancy disability leave, or reasonable accommodations. CONTRACTOR shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900 et seq.), the Federal Civil Rights Act of 1964 (P,L. 88-352) and all amendments thereto, Executive Order No, 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. 20A-8 Contract No. MU 8046 23, CITIZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P,L, 99-603), CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. Notwithstanding the above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. B. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or SCAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. 24, ASSIGNMENT AND TRANSFER OF EQUIPMENT A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by CONTRACTOR to do so shall be void t(pgh ncepfior. B. CONTRACTOR agrees to obtain SCAQMD%written consent to any assignment, sale, license or transfer of Equipment, if any, prior to completing the transaCiion. CONTRACTOR shall inform the proposed assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this Contract. CONTRACTOR is responsible<for establishing contact between SCAQMD and the Buyer and shall assist SCAQMD in facilitating the r r [e1AQ1,1 Contract's terms and conditions to the Buyer. CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this Contract until and unless the Buyer has assumed responsibility of this Contract's terms and conditions through an executed contract with SCAQMD, 25. NON -EFFECT OF WAIVER The failure of CONTRACTOR or SCAQMD to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 26. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS CONTRACTOR is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC funds. 27. ATTORNEYS' FEES In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 28, FORCE MAJEURE A party shall not be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, 20A-9 Contract No. MLI 8046 acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the party's reasonable control. 29. SEVERABILITY In the event that any one or more of the provisions contained In this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 30. HEADINGS Headings on the clauses of this Contract are for convenience and reference only, and the wards contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 31. DUPLICATE EXECUTION This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 32. GOVERNING LAW This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract shall be Los Angeles County, California: 33: PRE -CONTRACT COSTS Any costs incurred by CONTRACTOR prior to CONTRFlCT(7R receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR,. In the event that this Contract is not executed, neither the MSRC nor the SCAQMD shall be liable' for any amounts expended in anticipation of a fully executed Contract. If this Contract is fully executed, pry contrgg];, a.W expenditures authorized by the Contract will be reimbursed in accordance with the Payment Schedule and payment provision of the Contract. 34. CHANGE TERMS Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be In writing and signed by the authorized representatives of the parties. Fueling station location changes shall not be approved under any circumstances: 35: PREVAILING WAGES CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq., and the compliance monitoring and enforcement of such requirements by the Department of Industrial Relations ("DIR"). CONTRACTOR and all of CONTRACTOR's subcontractors must comply with the California Public Works Contractor Registration Program and, where applicable, must be registered with the DIR to participate in public works projects. CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. Proof of compliance with these requirements must be provided to SCAQMD upon request. CONTRACTOR shall indemnify, 20A-10 Contract No. ML18046 defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 36. ENTIRE CONTRACT This Contract represents the entire agreement between CONTRACTOR and SCAQMD, There are no understandings, representations, or warranties of any kind except as expressly set forth herein, No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or modification is sought. 37. AUTHORITY The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 20A-11 Contract No. ML18046 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT By: _�.._._.. Dr. William A. Burke, Chairman, Governing Board EM ATTEST: Denise Garzaro, Clerk of the Board CITY OF SANTA ANA By: Name: Title: Date: By: APPROVED AS TO FORM: Bayron T. Gilchrist, General Counsel M t uarfik+ac- AMSK Master Bofierptate Revised ApN24, 2018 10 20A-12 F.T511774TITM Attorney Attachment 1 Statement of Work City of Santa Ana Contract Number ML18046 1. Project Elements A. The City of Santa Ana (hereinafter referred to as "CONTRACTOR") is to procure six on - road, light-duty (possessing a gross vehicle weight rating less than 8,501 pounds) zero emission vehicles (battery electric or fuel cell). Hybrid vehicles do not qualify as zero emission. B. CONTRACTOR is also to procure nine on -road, heavy-duty (possessing a gross vehicle weight rating greater than 14,000 pounds) near -zero emission vehicles (equipped with an engine certified by the California Air Resources Board to the Optional NOx standard of 0.02 g/bhp-hr). C. CONTRACTOR is also to install a total of two limited access "Level II" type EV charging stations at the City Corporate Yard at 215 S. Center Street. Stations shall meet current Society of Automotive Engineers J1772 standards. This location is understood to be tentative; CONTRACTOR shall notify MSRC staff of any location changes. D. CONTRACTOR is also to install a total of four public access "Level II" type EV charging stations at parking structures within the City of Santa Ana. These stations shall be accessible to the public 24 hours per day, 7 days per week. Installations must include signage with information on whom to contact in the event that users encounter malfunctions. Stations shall meet current Society of Automotive Engineers J1772 standards, Prospective locations are shown in the table below; 310 N. Birch Street 420 N, Main Street 300 E. 5th Street These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any location changes. CONTRACTOR shall be reimbursed according to Attachment 2 — Payment Schedule. 2. Operation Requirements and Reimbursement for Noncompliance: Light Duty Vehicles Light-duty vehicles are required to operate for a minimum of three years. CONTRACTOR is obligated to comply with the geographical restriction requirements as follows; A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine hours of operation within the geographical boundaries of the South Coast Air Quality Management District for a period of no less than three (3) years from the date the vehicle enters service (new vehicles). Should CONTRACTOR deviate from or fail to comply with this obligation, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for the vehicle as indicated in the table below: 20A-13 Attachment 1 Statement of Work City of Santa Ana Contract Number ML18O46 31yar Qpgfa#para Avarlablli�y 4 ert�'nYagb ofSRG Funds to'; i�birgatran u iernll�Ciona belfieirbdrstl a L. �� F tt _nnS.. rl it 1l X M,F l i k Within Year 1 100% Between Years 1-2 66% Between Years 2-3 33% After Year 3 0% B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (6D) days from the date the vehicle ceases to operate in accordance with the geographical restriction. C. Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the three year period referred to above, notice shall be provided to SCAQMD no less than 30 days preceding the day the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale, lease, transfer or assignment shall state that the SCAQMD is an intended third -party beneficiary of the agreement and shall include the following requirement: the obligation to accrue mileage within the South Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser, lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the expiration of the three year operation period. This obligation shall be passed down to any subsequent purchaser, lessee or transferee during this three year term and SCAQMD shall be an intended third -party beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer, assignment or other divestiture, SCAQMD may elect to either require the reimbursement specified above, or require the subsequent purchaser, lessee, transferee or assignee to comply with the continuing obligation to operate the vehicle for a period of no less than three (3) years from the date the vehicle entered service (new vehicles). Notice of SCAQMD's election of remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or assignee in a timely fashion. 3 operation Requirements and Reimbursement for Noncompliance: Medium -and HeavyDuty, Vehicles Medium- and heavy-duty vehicles are required to operate for a minimum of five years. CONTRACTOR is obligated to comply with the geographical restriction requirements as follows: A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine hours of operation within the geographical boundaries of the South Coast Air Quality Management District for a period of no less than five (5) years from the date the vehicle enters service (new vehicles) or returns to service (repowered vehicles). Should CONTRACTOR deviate from or fail to comply with this obligation, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for the vehicle as indicated in the table below: 20A-14 Attach ment,1 Statement.of Work City of Santa Ana Contract Number ML18046 S. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the vehicle ceases to operate "in accordance with the geographical restriction. C. Should CONTRACTOR sell, lease,transfer, assignor otherwise divest Itself:of the vehicles during the five year period referred to above; notice shall be.provided,to SCAQMD no less than 30 days preceding the day the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale, lease, transfer or assignment shall state that the SCAQMD is an Intended third -party beneficiary of the agreement and shall include the following requirement: the obligation to accrue mileage within the South Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser, lessee; transferee, successor in°interest,<heir or assign and shall remain in full force and effect until the expiration ofthe five year operationperiod. This obligation shall he passed down to any subsequent purchaser, lessee or transferee during this five year term and SCAQMD shall be an intended third -party beneficiary of .any subsequent agreement. Upon receiving notice of any subsequent sale lease, transfer, assignment or other divestiture, SCAQMD may elect to either .require the reimbursement specified above, or require the subsequent purchaser, lessee, transferee or assignee to comply with the continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the vehicle entered service (new vehicles) or re -service (re -powered vehicles), Notice of SCAQMD's election of remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or assignee in a timely fashion, 4. Operation Requirements _and Reimbursement for Noncompliance; EV CharQina Stations CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring -Level II charging stations remain operational in the original location fora period of no less than three (3) years from the date the station begins operations in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in the EARLY TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for fueling/charging facilities as indicated in the table below: 3 20A-15 Within Year 1 100% Between Years 1-2 80% Between Years 2-3 60% Between Years 3.4 40% Between Years 4.5 20% After Year 5 0% S. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the vehicle ceases to operate "in accordance with the geographical restriction. C. Should CONTRACTOR sell, lease,transfer, assignor otherwise divest Itself:of the vehicles during the five year period referred to above; notice shall be.provided,to SCAQMD no less than 30 days preceding the day the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale, lease, transfer or assignment shall state that the SCAQMD is an Intended third -party beneficiary of the agreement and shall include the following requirement: the obligation to accrue mileage within the South Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser, lessee; transferee, successor in°interest,<heir or assign and shall remain in full force and effect until the expiration ofthe five year operationperiod. This obligation shall he passed down to any subsequent purchaser, lessee or transferee during this five year term and SCAQMD shall be an intended third -party beneficiary of .any subsequent agreement. Upon receiving notice of any subsequent sale lease, transfer, assignment or other divestiture, SCAQMD may elect to either .require the reimbursement specified above, or require the subsequent purchaser, lessee, transferee or assignee to comply with the continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the vehicle entered service (new vehicles) or re -service (re -powered vehicles), Notice of SCAQMD's election of remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or assignee in a timely fashion, 4. Operation Requirements _and Reimbursement for Noncompliance; EV CharQina Stations CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring -Level II charging stations remain operational in the original location fora period of no less than three (3) years from the date the station begins operations in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in the EARLY TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for fueling/charging facilities as indicated in the table below: 3 20A-15 Attachment 1 Statement of Work City of Santa Ana Contract Number ML18046 B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the station ceases operation. CONTRACTOR shall not be responsible for any reimbursement to SCAQMD if the obligation is terminated as a result of one or more reasons set forth in the EARLY TERMINATION clause of this Contract. C. The obligations of this section shall survive the expiration of the Contract and continue in full force and effect until the applicable operational availability period set forth above has been satisfied. S. Display of MSRC Logo CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each vehicle purchased pursuant to this Contract. Decals will be provided by SCAQMD upon notification that each subject vehicle becomes operational. Decals are approximately twelve (12) inches in height and eighteen (18) inches In width (Note: a smaller decal may be provided if CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall maintain the decal for the life of the equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, CONTRACTOR shall request a replacement decal from SCAQMD and apply the new decal in the same or other prominent location. SCAQMD shall not be responsible for damage to paint or other surfaces arising from application or removal of decals, 6. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's co -funding of the vehicles and EV charging stations. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and Information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by SCAQMD staff, unless SCAQM D staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. 7. Reports Quarterly Reports: Until vehicles are placed into service and EV charging stations commence operation, CONTRACTOR shall provide quarterly progress reports that summarize the project results to date including, but not limited to: tasks completed, issues or problems encountered, 20A-16 Attachment 1 Statement of Work City of Santa Ana Contract Number ML18O46 resolutions Implemented, and progress to date, Progress reports that do not comply .will be returned to the CONTRACTOR as Inadequate, Final Report; A Final Report shall be submitted by the CONTRACTOR in the format provided by SCAQMD staff. The Final Report shall Include, at a minimum: a) /an executive summary; and b) a detailed discussion of the results and conclusions about this project, CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future electric vehicle projects. B. Prosect Schedule CONTRACTOR shall comply with the increments of progress Identified in the following chart. The completion month for each task is based on the date of Contract execution. Task Completion Order light-duty zero -emission vehicles Month 7 Submit Public Outreach Plan Month) Award contract(s) for EV station installations Month 7 Place light-duty zero -emission vehicles into service Month 9 Complete EV station installations and enter Into service Month 11 Solicit bids for near -zero emission vehicles Month 11 Place near -zero emission vehicles into service Month 29 Implement Public Outreach Plan Month 31 Quarterly reports Quarterly beginning with Month 4, until all installations are complete and all vehicles are in service Final Report Month 32 20A-17 Attachment 2 . Payment Schedule City of Santa Ana Contract Number ML18046 Cost Breakdown No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project described in Attachment 1 isnot completed and satisfactory proof of completion is not provided to SCAQMD, no monies shall be due and payable to CONTRACTOR. No funds shall be paid to CONTRACTOR pursuant to this Contract for a Project Element, until the Project Element is completed and proof of completion is provided to SCAQMD. Proof of completion shall include: • For vehicles; o Proof of vehicle delivery, vehicle acceptance, and placement of vehicle Into service; and o Documentation of the specific vehicle purchased, including the year, manufacturer, engine (if applicable) and model • For EV charging stations: o Representative photos of completed stations; o A report signed by a responsible official certifying that the station has been completed as described in Attachment 1; and I9 20A-18 Maximum AB2766 CONTRACTOR Additional Discretionary AB2766 Other Funds Project Co - Purchase Funds Subvention Applied to Funding (not Total Cost Category payable Funds Match counted as underthis Applied match) Contract On -road light- duty zero $60,000 $180,000 $0 $0 $240,000 emission vehicles On -road heavy-duty near -zero $225,000 $0 $225,000 $1,905,000 $2,355,000 emission vehicles EV Charging Stations— $17,500 $17,500 $0 $0 $35,000 Limited Access EV Charging Stations — $82,500 $27,500 $0 $0 $110,000 Public Access Totals $388,000 $225,000 $225,000 $1,905,0002 740 000 No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project described in Attachment 1 isnot completed and satisfactory proof of completion is not provided to SCAQMD, no monies shall be due and payable to CONTRACTOR. No funds shall be paid to CONTRACTOR pursuant to this Contract for a Project Element, until the Project Element is completed and proof of completion is provided to SCAQMD. Proof of completion shall include: • For vehicles; o Proof of vehicle delivery, vehicle acceptance, and placement of vehicle Into service; and o Documentation of the specific vehicle purchased, including the year, manufacturer, engine (if applicable) and model • For EV charging stations: o Representative photos of completed stations; o A report signed by a responsible official certifying that the station has been completed as described in Attachment 1; and I9 20A-18 Attachment 2 Payment Schedule City of Santa Ana Contract Number ML18046 o Receipts for equipment and/or involce(s) from subcontractor(s) performing the installations, if any. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, as follows: • For vehicles, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of AB 2766 Subvention and other funds applied, up to a maximum of $10,000 per light- duty zero emission vehicle, $25,000 per heavy-duty near -zero emission vehicle, and $100,000 per medium -duty zero emission vehicle; and • For the EV charging stations, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of AB 2766 Subvention and other funds applied for limited access stations, and thrice the actual amount of AB 2766 Subvention and other funds applied for public access stations, Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns, Any project cost overruns must be funded from other than AB 2766 Discretionary Funds, 7 20A-19 20A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROPRIATION ADJUSTMENT AND ❑ As Recommended AMENDMENT TO THE FISCAL YEAR ❑ As Amended 2018/19 CAPITAL IMPROVEMENT El Ordinance on 9s' Reading ❑ Ordinance on p"a Reading PROGRAM TO ACCOUNT FOR RECENTLY ❑ Implementing Resolution AWARDED GRANT FUNDS (NON -GENERAL ❑ Set Public Hearing For FUND) (STRATEGIC PLAN NO. 6, 1G) F4 `_ C T MANAGER .� RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve an amendment to the Fiscal Year 2018/19 Capital Improvement Program adding $15,189,750 in Measure M2 Competitive ACE funding to the Warner Avenue Street Improvement projects; for the construction phase of Warner Phase 1 from Main to Oak project (14-6802) and for the right-of-way phase of Warner Phase 2 from Oak to Grand project (18- 6901). 2. Approve an appropriation adjustment recognizing $15,189,750 in Measure M2 Competitive ACE grant funds into the Measure M -Street Construction Fund revenue account and appropriating the same into the Measure M2 Competitive Street Construction Fund expenditure account. 3. Approve an amendment to the Fiscal Year 2018/19 Capital Improvement Program adding the remaining $172,444 in Community Development Block Grant funds budgeted for the Residential Street Repair Program project (No. 18-7527). DISCUSSION CTFP Projects On June 11, 2018, the Orange County Transportation Authority (OCTA) Board of Directors approved the Comprehensive Transportation Funding Programs (CTFP) — 2018 Call for Projects Programming Recommendations. The City of Santa Ana had submitted Measure M2 Arterial Capacity Enhancements (ACE) grant applications in October 2017 for funding consideration under the Measure M2 CTFP Project O Call for Projects, and has now been awarded the following grants: 20B-1 Appropriation Adjustment & Amendment to Fiscal Year 2018/19 CIP October 2, 2018 Page 2 PROJECT PHASE GRANT-$ FY Warner Avenue Improvements Phase 1: Main Street to Oak Street Construction $4,629,750 18/19 Warner Avenue Improvements Phase 2: Oak Street to Standard Right -of -Way $7,494,000 18/19 Avenue Warner Avenue Improvements Phase 2: Standard Avenue to Right -of -Way $3,066,000 18/19 Grand Avenue TOTAL GRANT FUNDING: $15,189,750 Approving this Council Action will make these grant funds available for the continued progress of the Warner Avenue Improvements project. CDBG Projects In the FY 2018/19 approved budget, $1,842,455 was budgeted for Community Development Block Grant Projects (Account No. 13518783-66220). This budget included $921,228 for the Residential Street Repair Program. However, the FY 2018/19 CIP only recognized $748,784 in CDBG funding. Approval of this Council Action will amend the FY 2018/19 CIP to include the remaining $172,444 in CDBG funds allocated for the Residential Street Repair Program. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and Maintain a Community Investment Plan for All City Assets), Strategy G (Develop and Implement the City's Capital Improvement Program in Coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize $15,189,750 in Measure M2 Competitive ACE grant funds into the Measure M -Street Construction Fund revenue account (No. 03217002-52332) and appropriate the same into the Measure M2 Competitive Street Construction Fund expenditure account (No. 03217663-66220). 20B-2 Appropriation Adjustment & Amendment to Fiscal Year 2018/19 CIP October 2, 2018 Page 3 4 7 APPROVED4S TO FUNDS AND ACCOUNTS: Fuad S.eiss, PE, PLS Sergio Vidal Executive irector Acting Executive Director J'( Public Wo ks Agency Finance and Management Services Agency FSS/EWG/JG/KN Exhibits: 1. OCTA Board of Directors Letter of approved CTFP M2 Projects 2. Amended FY 2018/19 CIP Project Sheets r�- OCTA COMMITTEE TRANSMITTAL June 11, 2018 To: Members of the Board of Directors From: Laurena Wein rt"rk of the Board Subject: Comprehensive Transportation Funding Programs - 2018 Project 0 and Project P - Call for Projects Programming Recommendations Regional Planninq and Highways Committee Meeting of June 4, 2018 Present: Directors Bartlett, Delgleize, M. Murphy, Nelson, Pulido, and Steel Absent: Director Spitzer Committee Vote This item was passed by the Members present. Committee Recommendations A. Approve the award of $32 million in 2018 Regional Capacity Program funds to 11 local agency projects. B. Approve the award of $8.9 million in 2018 Regional Traffic Signal Synchronization Program funds to six projects. C. Authorize the Chief Executive Officer, or designee, to accept $6.85 million in Local Partnership Program competitive grant funds and execute any required agreements or amendments with the State of California, the California Transportation Commission, and the California Department of Transportation to facilitate the recommendations above. D. Authorize staff to make all necessary amendments to the Federal Transportation Improvement Program to facilitate the recommendations above. EXHIBIT 1 Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560 -OCTA (6282) 20B-5 M OCTA June 4, 2018 To: Regional Planning and Highways Committee From: Darrell E. Johnson, Chief Executive Officer Subject: Comprehensive Transportation Funding Programs — 2018 Project O and Project P — Call for Projects Programming Recommendations Overview The Orange County Transportation Authority issued the 2018 annual Measure M2 Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2017. This call for projects made available approximately $40 million in Measure M2 competitive grant funding for streets and roads projects countywide. A list of projects recommended for funding is presented for review and approval. Recommendations A. Approve the award of $32 million in 2018 Regional Capacity Program funds to 11 local agency projects. B. Approve the award of $8.9 million in 2018 Regional Traffic Signal Synchronization Program funds to six projects. C. Authorize the Chief Executive Officer, or designee, to accept $6.85 million in Local Partnership Program competitive grant funds and execute any required agreements or amendments with the State of California, the California Transportation Commission, and the California Department of Transportation to facilitate the recommendations above. D. Authorize staff to make all necessary amendments to the Federal Transportation Improvement Program to facilitate the recommendations above. Orange County Transportation Authority 550 South Main Street/P.O. Bo2O a/California 92863-1584/(714) 560 -OCTA (6282) Comprehensive Transportation Funding Programs — 2018 Projects O and Project P — Call for Projects Programming Recommendations Background Page 2 The Regional Capacity Program (RCP), Project 0, is the Measure M2 (M2) competitive funding program through which the Orange County Transportation Authority (OCTA) supports streets and roads capital projects. The Regional Traffic Signal Synchronization Program (RTSSP), Project P, is the M2 competitive program which provides funding for signal synchronization projects. Both programs are included in the Comprehensive Transportation Funding Programs (CTFP). The CTFP allocates funds through a competitive call for projects (call) based on a common set of guidelines and scoring criteria that are developed in collaboration with the Technical Advisory Committee (TAC), which includes representatives from all 35 local jurisdictions, and is approved by the OCTA Board of Directors (Board). The CTFP may include state and federal sources as well, and in this case it includes recently approved SB 1 (Chapter 5, Statutes of 2017) Local Partnership Program (LPP) funds to support RTSSP projects. On August 14, 2017, the Board authorized staff to issue the current call making available $40 million, with $32 million identified for RCP projects and $8 million identified for RTSSP projects. Discussion RCP The CTFP allocates funds through a competitive process using a common set of guidelines and scoring criteria. The guidelines for the 2018 call were approved by the Board on August 14, 2017. The guidelines establish a two-tiered funding approach to prioritize high scoring RCP projects, with funding availability for both small (less than $5 million) and large (greater than $5 million) projects. The first tier is for projects scoring 50 points or higher, and the second tier is for projects scoring below 50 points. Within Tier 1, two categories were established as shown below: 20B-7 Tier 1 Category 1 Tier 1 Category 2 Total Funds Projects requesting Projects requesting Available <$5 million >$5 million 60% 40% $32 million $19.2 million $12.8 million 20B-7 Comprehensive Transportation Funding Programs — 2018 Page 3 Projects O and Project P — Call for Projects Programming Recommendations If all Project O funds are not allocated in Tier 1, remaining funding consideration is given to projects in Tier 2 (i.e., projects scoring less than 50 points). This consideration occurs during each call process and is done on a case-by-case basis. It should also be noted that there is no approved funding split between small and large projects in Tier 2. On October 20, 2017, OCTA received 12 applications requesting a total of $39.4 million in RCP funding. All applications were reviewed for eligibility, consistency, and adherence to the guidelines and overall program objectives. The applications were evaluated and ranked as per the scoring criteria identified in the guidelines. During the review process, staff worked with local agencies to address technical issues such as project scopes, excess right-of-way, and project costs. Based upon the evaluation of the applications, staff prepared final RCP funding recommendations per the tiered funding approach outlined in the CTFP Guidelines. The recommendations were presented to the TAC on April 25, 2018, and were approved as presented. Therefore, staff's recommendation is to program the entire $32 million allocated by the Board in order to fund the 11 RCP projects identified in Attachment A. RTSSP The RTSSP is a significant competitive funding source for corridor -based signal synchronization along Orange County arterials. Funding is typically provided for a three-year period that includes implementation and two years of funding for ongoing maintenance and monitoring in order to keep investments in optimal condition. On October 20, 2017, OCTA received seven applications requesting a total of $16.5 million in RTSSP funding. Applicants were encouraged to act as lead agencies for proposed projects. However, applicants can also request that OCTA act as lead agency. The latter approach is considered where corridors are complex, have multiple jurisdictions, and where regional agency assistance adds value to the project. During this funding cycle, OCTA was asked to lead five projects. One project was referred back to the applicant as a city -led project given the project scale. All applications were reviewed for eligibility, consistency, and adherence to the guidelines and program objectives. The applications were then evaluated and ranked per the scoring criteria identified in the guidelines. Comprehensive Transportation Funding Programs — 2018 Page 4 Projects O and Project P — Call for Projects Programming Recommendations During the application review process, staff worked with local agencies to address technical issues such as project corridor limits, eligible equipment/upgrades, and unit cost items. During this call, the state also released an SB 1 LPP call. In order to fully maximize and leverage resources for Orange County, OCTA submitted an SB 1 LPP grant application, which included all OCTA -led signal synchronization projects that were identified during the call. These projects included the following corridors: • Katella Avenue/Villa Park Road/Santiago Canyon Road; • Main Street; • Los Alisos Boulevard; and • Garden Grove Boulevard. On May 16, 2018, the California Transportation Commission awarded OCTA $6.85 million in SB 1 LPP grant funds for the projects identified above. Based upon this award, staff has prepared final funding recommendations, which are identified in Attachment B per the funding approach outlined in the CTFP Guidelines. Although the Board only authorized $8 million for the 2018 RTSSP call, staff's recommendation is to program $8.9 million. By programming an additional $900,699 (primarily from past project savings) in M2 RTSSP funds, OCTA is able to secure an additional $6.85 million in SB 1 LPP funds for additional projects. Therefore, the final funding provided will be $15.7 million in M2 Project P (RTSSP) and SB 1 funds combined. Prosect 0 and Project P Recommendations Summary The table below provides an overall summary of staffs funding recommendations. These programming recommendations were reviewed and approved by the Technical Steering Committee at their meeting on March 14, 2018, and the TAC on April 25, 2018. 2018 CTFP Call for Projects RCP Summary Note: SBI LPP funding for RTSSP Projects is $6.85 million not shown in table. RCP RTSSP Total Number of Applications 11 6 17 Recommended for Approval Amount Recommended for $32,000,000 $8,900,699 $40,900,699 Approval escalated Note: SBI LPP funding for RTSSP Projects is $6.85 million not shown in table. Comprehensive Transportation Funding Programs — 2018 Page 5 Projects O and Project P — Call for Projects Programming Recommendations Further, the recommendations presented in this staff report are consistent with the 2018 guidelines approved by the Board. Therefore, staff recommends programming $40.90 million for 17 projects under the M2 RCP and RTSSP programs. If approved by the Board, these new projects will be incorporated into master funding agreements between OCTA and appropriate local agencies. Staff will then monitor project status, implementation, and delivery through the semi-annual review process. Also, in order to access SB 1 LPP grant funds, the OCTA Board must accept the grant and execute a program supplement agreement with the California Department of Transportation. Summary Proposed programming recommendations for projects in the RCP and RTSSP have been developed by staff. Funding for 17 projects totaling $40,900,699 in M2 funds (including OCTA -led RTSSP projects) is accounted for in the fiscal year 2018-19 budget. Staff is seeking Board approval of the programming recommendations presented. Attachments A. 2018 M2 RCP Call for Projects, Programming Recommendations B. 2018 M2 RTSSP Call for Projects, Programming Recommendations Prepared by: Approved by: � w Joseph Alcock Kia Mortazavi Section Manager, Local Programs Executive Director, Planning (714) 560-5372 (714) 560-5741 20B-10 o m o 0 o m c�� o 0 0 o n y L m m m N O t0 O C jp V t0 O � N m 0 LL N H � E V/ N a LL N M O O OIN m d O N O N N mO r O m n o to m In ie M oN 0 m nl' ai ai v y N N a w w w 2 N b a LL a 0 o v 0 0 o N N � n > w w w w wlw r o 0 o v� o O n n 0 O i m o in vii o 0 I m o 1 'IN N w w w w wIw H N d I W w W L- V N � V U W Q U r c i 20B-11 21 f W U ATTACHMENT A Y m Ln }� QD O d (n0 M M N @ o N � m (p r W 7 y 3 a C_ S O a 6�i W m N M [O O M N � W C 0 m 0 a O) EH fA fH f9 (Pr 64 N O cc�F-. n N (O W a a N 0 (O N o u. V O 12 a Op c > 'B U a 69 V} (A (A fR H} Y m Ln }� QD O d (n0 M M N @ o N � m (p r W 7 y 3 a C_ S O a 0 O OND � W C 0 m 0 a O) O CD d N N O cc�F-. n N (O W a a N 0 (O N o u. 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Y O 12 a Op c > 'B U a Q � O � 0 O CO o m i Q c D W U a> 0] N > p L Q O O U N 0 0 H C Y cn U (7 O_ N n > O O=i '@ 0 E .E > (9 C� @ c aci U- Q N_ Z C7 �I T I to I(R � IN 20B-1 d LL Y J ATTACHMENT B E m a` E a o E U c @ o � m v @ @ d 3 a C_ S O � a LL} � N 0 m 0 a Q� K li O to O � EXHIBIT 2 FY 2018-19 CIP Project Sheets 20B-13 w Li a Y UO rn� ;0- 10 w Q n as Q Z Z W U) j Oa UJ FQ- a U i U s. y a t`1 C t0 N � a• mca�,c-w satm?om ?? y LL, c E m LU o ¢ a d c c Zd�cw°r'Uc°, V�UEoac'm W OIr m a y y ELI ofyEaimm.c�i mEu�a�m"m.o Z�_myaaa�3 F ioa �x•-� co la y�coycda.- w c Eo o x - a DaCiai °i 10 io3�a N= N a 7U My o 0 CL Z &Fz a`yi O!n'�°2cm2e y U i U N a� o c o o 0 N Q Ile o L U a 1�1 W w w d� E J c) F ya0 F m Oaf 0 U U Ea LU a w c rn S o [�V CCyZ O O CcCC p CL a 0 N Q Ile N 1�1 IL IL N Se S S o [�V O O O O 0 p } �L H } �3• H H O O O O O O O O O n N o M o 00 N H N rH rH } IL p } lL o O 0 o 0 0 0 0 0 0 N N N O N O O } IL H } L H H 10 1�10 W D O N o N e O O o O 0 O N N n O N O o ? w > » w Ori N N N N W N N - Ol LL a o F 0 O LL O O LL y U O E U p wLLJ 16 m IL) a v 2 N C C7 C O O o IL v w` m v 0 N Q Ile \ \ k° ! ! § 7 ! | / kkk w® E§f § §} F- §\# § §�� w a. \ \ ! ! m■twa q § [ [ k k / \ } i % ) 2 « (L z \ , \ \ $ 2 azo 2 ) k ) § . LU \) \ ) ) 3§ a. a M , (L z \ , \ \ $ ■ / \ $ ) } ( j / k 7 § } &,| } \ ee �® 2e §f §( k§) } § �k § {d 2)\ §a (L EL ■ / \ $ } j } } } \ ) [ )i- }§` !�}k / / F- ) § f { \ CL[ ! «>o w{ 3§ƒ( _ / 2w« ■ / \ $ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: CONTRACT AMENDMENT WITH RACEWAY FORD FOR ONE MAINTENANCE UTILITY TRUCK (SPECIFICATION NO. 18-011) (STRATEGIC PLAN NO. 6,2) C 1'Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Raceway Ford for the procurement of one additional Ford F-350 truck with utility body in the amount of $56,855, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency Water Resources Division has a need to replace an old temporary 2002 Chevrolet cargo van that is assigned to the Water Quality and Meter Services division. Due to the age of this van, it requires excessive maintenance repairs, which results in lower productivity of Water Resources Division staff and increased expenditures to Fleet Services. The new Ford F-350 truck will include a utility body work to store and transport tools, equipment and supplies to provide on-going maintenance needs of the City's water infrastructure. Outreach Efforts In an effort to provide an opportunity to local vendors to participate in the original solicitation, the bid specifications called for a General Motors truck. Additionally, five Santa Ana vendors were notified of the upcoming Invitation for Bid. Staff also reached out to qualified vendors. Ultimately, the City only received one bid. On May 1, 2018, City Council awarded a contract to Raceway Ford for the purchase of four Ford F-350 trucks with utility body. Raceway Ford has agreed to honor the same pricing for an additional Ford F-350 truck with the same specifications. This pricing represents the best value to the City. 22A-1 Contract Award for one F-350 Maintenance Truck October 2, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $56,855 are available in the FY 2017-18 Public Works Agency's Water Quality account (No. 06017644-66400). I'D APPRWED AS TO FUNDS AND ACCOUNTS: Fuad Sweiss, PE, PLS Executi Director Public Irks Agency EG/CL/sm/sp Sergio Vidal �, 'A � Acting Executive Director �1 Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: CONTRACT AMENDMENT WITH COMMERICAL CLEANING SYSTEMS FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES (SPECIFICATION NO. 14-021) (STRATEGIC PLAN NO. 6, 1C) JqI TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Commercial Cleaning Services for janitorial services in the amount of $154,839, which includes a $10,000 contingency, for a total annual amount not to exceed $737,074 for the final term expiring June 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. The Finance and Management Services Building Maintenance Division oversees City facilities in order to maintain clean, safe and properly functioning buildings. The current contract with Commercial Cleaning Systems provides janitorial services at City Hall, Ross Annex, SARTC, Corporation Yard, Main Library, Newhope and McFadden Learning Centers and six recreation centers. On January 1, 2018 a State of California mandated minimum wage increase of 4.76% went into effect. In renewing the final term of the contract, the vendor has made the City aware of an additional 9.1 % mandated increase to minimum wage occurring January 2019. In order to comply with the California mandated minimum wage law through the end of the contract term, funds in the amount of $154,839 are needed. The amendment amount includes a $10,000 contingency to allow for unanticipated charges outside of routine maintenance. STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #6 Community Facilities & Infrastructure: Strategy 1 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). 2213-1 Contract Amendment for Janitorial Services October 2, 2018 Page 2 FISCAL IMPACT Additional funds in the amount of $154,839 are available in FY 2018-19 accounts as follows: FY 18-19 FMSA- Custodial 07310101-62310 $ 111,484 PWA- SARTC Operations 06717650-62300 $ 37,936 PRCSA Library Contract Services 01111150-62300 $ 5,419 Total eg $ 154,839 APPROVED AS TO FUNDS AND ACCOUNTS: SergId Vidal 1�#bll Acting Executive Director pn 4 93 Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: AWARD CONTRACT TO CEM CONSTRUCTION CORPORATION FOR CABRILLO PARK SIDEWALK IMPROVEMENT PROJECT (PROJECT NO. 16-6862) (STRATEGIC PLAN NOS. 6, 1B & G) d 21TI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 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 easement agreements with Cabrillo Park, Monterey Villas, Park Center (Shady Hollow), and Redwoods Homeowner Associations, to allow the City to construct and maintain meandered City sidewalk around existing trees within the property areas along Cabrillo Park Drive, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Award a contract to CEM Construction Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $373,000, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Cabrillo Park Sidewalk Improvement Project, and authorize the City Manager and 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 $466,250, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $37,300. 4. Amend the Fiscal Year 2015-16, 2016-17, and 2017-18 Capital Improvement Programs and approve the reallocation of $206,550.77, $200,000, and $59,699.23 (respectively) in Measure M2 Local Fairshare funds from the Omnibus 2015-16, 2016-17, and 2017-18 projects to the Cabrillo Park Sidewalk Improvement Project. DISCUSSION Large roots from mature trees have consistently lifted the sidewalk along Cabrillo Park Drive from Fruit Street to 15th Street (Exhibit 1), and the resulting sidewalk conditions have been unacceptable. Over the years, this stretch of sidewalk has been repaired through various 23A-1 Award Contract to CEM for Cabrillo Park Sidewalk Improvement Project October 2, 2018 Page 2 maintenance strategies including concrete grinding and asphalt patches as temporary transitions between sidewalk displacements. This approach has proven to be very costly and does not ultimately provide a safe and aesthetically pleasing pedestrian route. Additionally, our attempts to permanently repair sidewalk compete with the health of the beautiful trees along Cabrillo since repairs require root shaving and/or root cutting. These two seemingly competing interests where we have pedestrian safety on one hand and the community benefit from beautiful and healthy trees on the other prompted creative solutions to achieve a long-term and permanent plan. To achieve this, the City engaged various stakeholders in a collaborative effort including all four surrounding Homeowner Associations (HOAs) along Cabrillo Park Drive. The City conducted several meetings to build consensus with each HOA, and the result was the development and preparation of a sidewalk replacement plan. The community support to keep the trees along Cabrillo is strong, and therefore the consensus was to save the existing trees by reconstructing the City sidewalk around the larger trees. This requires private property owners to allow the public sidewalk to partially meander into private property. This approach required securing access easements in the project area. Four easement agreements (Exhibits 2-5) are necessary at certain locations within each of the HOA properties. In a few unique cases where the trees are diseased, block driveway visibility, or are in a highly constrained areas, it was mutually agreed by the HOAs and City staff to provide a tree replacement. The project's scope of work includes replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, and wheelchair ramps along Cabrillo Park from Fruit Street to 15th Street. Once completed, these improvements will enhance pedestrian safety. A Notice Inviting Bids was advertised on May 27 and June 1, 2018, and bids were opened on June 13, 2018. A presentation and project update was last provided to the Environmental and Traffic Advisory Commission at their July 10, 2018, meeting. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 2 Contractors requesting bidding documents 19 Bids received 9 Bids received from Santa Ana contractors 1 23A-2 Award Contract to CEM for Cabrillo Park Sidewalk Improvement Project October 2, 2018 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 CEM Construction Corp Downey $373,000 2 Aramexx Group Inc p .. Claremont ................ $437,000 3 Golden State Constructors GSCI ( ....) Placentia $462,700 4 Alfaro Communication Construction Inc. ..... Compton $485,628 5 Golden Phoenix Construction Co ......... ...... .., Pasadena ........... .................. $491,165 6 United Irrigation Inc ... .......... .... Carlsbad .................... $497,200 7 Nobest Inc ....... Westminster .................. $500,000 8 Hardy & Harper, Inc 'Irneral I'llEngineering ........... Santa Ana ......... .I...... ...,. $505,000 9 Gentry GeInc. Rancho Cucamonga $629,925 A total of nine bids were received and all bids were deemed responsive. CEM Construction Corporation submitted the lowest responsive bid in the amount of $373,000 (Exhibit 6). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to CEM Construction Corporation (Exhibit 7). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans [e.g., neighborhood streets, traffic improvements, etc]). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2018-74 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 8), the estimated total construction delivery cost of the project is $466,250, which includes construction contract, administration, inspection, testing, surveying, and an authorized contingency of $37,300. Upon approval of the requested amendment to the Fiscal Year 2015-16, 2016-17, and 2017-18 Capital Improvement Programs, $466,250 will be available in the Measure M2 Street Construction Fund (Account No. 03217662-66220) for expenditure in Fiscal Year 2018-19, subject to nonsubstantive changes. 23A-3 Award Contract to CEM for Cabrillo Park Sidewalk Improvement Project October 2, 2018 Page 4 Reallocation FUNDS/ACCOUNTS FY 2015-16 FY 2016-17 1 FY 2017-18 Measure M2 Local Fairshare / 03217662-66220 SUM Pr. 16-6864 $206,550.77 1 $206,550.77 Pr. 17-6864 $200,000.00 $200,000.00 Pr. 18-6864 1 $59,699.23 $ 59,699.23 TOTALS: $466,250.00 APPRO ED AS TO FUNDS AND ACCOUNTS: Sergio Vidal Acting Executive Director Finance and Management Services Agency Exhibits: 1, Location Map 2. Easement Deed and Agreement (Cabrillo Park HOA) 3. Easement Deed and Agreement (Monterey Villa HOA) 4. Easement Deed and Agreement (Redwoods HOA) 5. Easement Deed and Agreement (Park Center -Shady Hollow HOA) 6. Construction Bid 7. Construction Contract 8. Cost Analysis 23A-4 SANTA ANA PWA PUBIC WORKS AGENCY LOCATION MAP Z (NOT TO SCALE) EXHIBIT 1 PROJECT 16-6862 CABRILLO PARK DR FROM FRUIT ST TO 15TH ST 23A-5 EREY VILLAS HOA--► PAGE 1 OF 1 23A-6 Recording Requested by and when Recorded Mail to: CITY OF SANTA ANA 20 Civic Center Plaza, M-30 P. 0, Box 1988 Santa Ana, CA 92702 Exempt from Fee --Public Agency (Government Code Section 27383) Exhibit 2 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED AND AGREEMENT Sidewalk Construction and Maintenance Along Cabrillo Park Drive co Between East Fruit Street and 15`s Street (g 00 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby W LU acknowledged, CABRILLO PARK TOWNHOMES HOMEOWNERS ASSOCIATION, a Ca%mia domestic nonprofit corporation ("Grantor'), hereby GRANTS AND CONVEYS to the CITY OF SANTA ANA, a charter city and ria icipal corporation organized and existing under the Constitution and laws ofthe state of California (the "Grantee'D, and its successors and assigns, a perpetual, non-exclusive easement and right-of-way to install, construct, reconsttuct, remove and replace, inspect, and maintaiti the sidewalk, including without limitation adjacent tree abatement and removal where necessary, in, on, along, and under the real property situated in the City of Santa Ana, County of Orange, State of California (collectively, the "Easement Area") and ingress to and egress from the Easement Area from the closest public right-of-way, all more particularly described in Exhibits "A" and shown in Exhibit "B," which exhibits; are attached hereto and made a part hereof The rights being granted Herein include without limitation the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, and repairing the sidewalk located in the Easemont Area. 23A-7 It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the right's granted herein are subject to and limited by the following: Reservation: The casement and right-of-way granted herein are subject to the rights of Grantor, its successors, and assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non-exclusive rights granted hereby; provided, however, that no improvements shall be constructed, placed, or permitted wft upon, under, or above the Easement Area until such construction and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have been obtained from Grantee after payment of normal processing fees. Grantor agrees that it shallnot grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein. Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon, under, or above the Easement Area by Grantor shall be operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the occurrence of such damage. Grantor shall otherwise maintaai the Easement Area. Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the Easement Area by Grantee (collectively, "Claims'), excluding Claims caused by the negligence or willu misconduct of Grantor. Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shall anything in this Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in title of any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has bad, or comes to have with respect to human health or the environment, including without limitation responsibility or liability relating to hazardous or toxic substances or materials. Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easement maybe given or delivered by personal delivery or by depositing the same in any United States mail depository, fust class postage prepaid, and addressed as follows: If to Grantee: City of Santa Ana 20 Civic Center Plaza P.O, Box 1988 Santa Ana, CA 92702 Atte: Clerk of the Council 23A-8 If to Grantor: Cabrillo Park Townhomes Homeowners Association 2569 McCabe Way, #220 Irvine, CA 92614 Attn: Rob Tritz or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty- eight (48) hours after deposit in a United States mail depository. Wmanty of Autbority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shallbe of any force or effect widi respect to those matters covered thereby. This Easement shall be construed and interpreted with, and shallbe governed and enforced in all respects according to, the laws of the State of California and as ifdrafted by both Grantor and Grantee. No amendment, change, or modification of tbis document shall be valid Luiless in wilting, stating that it amends, changes or modifies this Easement, signed by all of the parties hereto. Successors: This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, iaVair, or invalidate any other terms, covenant, condition, or provision contained in this Easement. Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and, all acts and things reasonably necessary 23A-9 in connection with the performance of their obligations hereunder and to early out the intent of the parties hereto. GRANTOR GRANTEE CABR.IL.LO PARK TOWNHOMES CITY OF SANTA ANA HOMEOWNERS ASSOCIATION Title: PM_. Title: Date: 3 24 2 01$ v 23A-10 APPROVED AS TO FORM Sonia R. Carvalho,City Attorney ," John I , dunk Assistant City Attorney ATTF,ST Maria D. I luizar Clerk ofthe Council EXHIBIT'A' LEGAL DESCRIPTION PARCEL 1: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOTS 1, 2, 4, ANDA' OP TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING AN 8,50 FOOT WIDE STRIP OF LAND LYING SOUTHWESTERLY AND WESTERLY OF THE NORTH EASTERLY AND EASTERLY LINES OF SAID LOTS 1, 2, 4, AND 'A': THE WESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID LOT 1, AND NORTHWESTERLY IN A LINE, SAID LINE BEING A RADIAL LINE, SAID RADIAL LINE PASSES THROUGH THE NORTHWESTERLY TERMINUS OFTHAT25.00 FOOT RADIUS CURVE SHOWN AS THE NORTHEASTERLY LINE OF SAID LOT 4; CONTAINING AN AREA OF APPROXIMATELY 7976 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL 2: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 10F TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUITSTREET, WITH THE CENTERLINE OF- CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161,50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEET THROUGH A CENTRAL ANGLE OF 35025'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; Page 1 of 11 23A-11 THENCE, ALONG SAID CURVE NORTH 474.30 FEET THROUGH A CENTRAL ANGLE OF 33°58'08" TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1130.50 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, RADIAL TO SAID POINT NORTH 89°19'52" EAST, 48.50 FEETTO A POINT ON A NON -TANGENT CURVE, SAID NON -TANGENT CURVE BEING CONCENTRIC WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARI( DRIVE, LASTSAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°19'52" EAST, 4.54 FEETALONG THE WESTERLY PROLONGATION OF SAID RADIAL LINE; THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED TO TERMINATE EASTERLY IN SAID NON -TANGENT CURVE; CONTAINING AN AREA OF APPROXIMATELY 45 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY, ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, PARCEL 3: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 1 OF TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF ATANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF Boom FEET; THENCE, ALONG SAID CURVE NORTHWEST494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TOTHE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494,70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48'; Page 2 of 11 23A-12 THENCE, ALONG SAID CENTERLINE, NORTH 00°4731" EAST, 27.65 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1178.55 FEET FROM SAID POINT OF COMMENCEMENT, THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.58 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 66 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. P RA CEL4: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 10F TRACT No. 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800,00 FEET; THENCE, ALONG SAID CURVE NORTHWEST494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 115.66 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1266.56 FEET FROM SAID POINT OF COMMENCEMENT; Page 3 of 11 23A-13 THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEET TO A POINT ON ALINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.28 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 63 SQUARE FEET, MORE OR LESS; SUBJECTTO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHISIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCELS: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 2 OF TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARI( DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 21NCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST 494,70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48"; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 240.15 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1391.05 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48,50 FEETTO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; Page 4 of 11 23A-14 THENCE, NORTH 89°12'29" WEST, 9.23 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 92 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXIi1BIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BYTHIS REFERENCE MADE A PART HEREOF. PARCEL 6: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 2 OF TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OFTHE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRAL ANGLE OF 35'25'48"; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 279.34 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1430.24 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEETTO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 9.43 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 94 SQUARE FEET, MORE OR LESS; Page 5 of 11 23A-15 SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, PARCEL7: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 2 OF TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF• FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 352.60 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1503.50 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT Of BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.63 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 66 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; Page 6 of 11 23A-16 ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF, ARP CEL 8; IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 4 OF TRACT No, 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST494.70 FEET THROUGH A CENTRAL ANGLE OF 35"25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TOTHE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEETTHROUGH A CENTRALANGLE OF 35°25'48"; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 506.61 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1657,51 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89'12'29" WEST, 48.50 FEETTO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6,29 FEETALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OPAPPROXIMATELY 63 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Page 7 of 11 23A-17 PARCELS: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT OF TRACT No. 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 21NCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF ATANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST494.70 FEET THROUGH A CENTRALANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TOTHE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRALANGLE OF 35°2514811; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 551.78 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1702.68 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48,50 FEETTO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 9.29 FEETALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 93 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, PARCEL 10: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 4 OF TRACT No. 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES Page 8 of 11 23A-18 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OFTHE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF ATANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEET THROUGH A CENTRALANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 618.04 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1768,94 FEET FROM SAID POINT OF COMMENCEMENT, THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.42 FEET ALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 64 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, PARCEL 11: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT OF TRACT No. 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Page 9 of 11 23A-19 COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00047'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST494.7C FEETTHROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TOTHE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRALANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 680.19 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1831.09 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEETTO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.48 FEETALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 65 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL 12: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT OF TRACT No. 10515, AS SHOWN ON A MAP THEREOF FILED IN BOOK 472, PAGES 9 AND 10 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 10.00 FOOTWIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; Page 1C of 11 23A-20 THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TOTHE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTH 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 719.24 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1870.14 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID POINT NORTH 89°12'29" WEST, 48.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 48.50 FEET WESTERLY FROM SAID CENTERLINE OF CABRILLO PARK DRIVE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 89°12'29" WEST, 6.04 FEETALONG THE WESTERLY PROLONGATION OF SAID PERPENDICULAR LINE; CONTAINING AN AREA OF APPROXIMATELY 60 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ANTHONY C. CUOMO gkpNCt3U P.L.S. 6042 S �b DATE: 2017-12-5 Anthony'Ouomo No. 42 , OF Page 11 of 11 23A-21 FIFTEENTH STREET -- PCL. 12-x.„ PCL. 1 yUPCL�10r W PGL. 9. , PGL. 8— " �,�j� R' 9'PGL. 7- PGL. o� M. 5'1 PCL. 4 PCL. 3 �IN �p PCL. 2 PCL. 1 COURSE TABLE F J 15250' 2550 0 250 WELLINGTON AVENUE R.C.C. OF PARCELS 2 - 12 PUNCHED 2" BRASS DISK WITH NO ADDIAONAL MARKINGS IN MONUMENT WELL FRUIT STREET w,wa.ma ¢n,a,szmea7..NM9pA.ANVFNc.8t5E.70�7.,�-o�v_IIoac.owo 23A-22 L1 N00'47'31T 161.50' L2 N00'47'31 "E 818.73 0 NOO'47'31 "L 17A60' L4 NOO'47'31 "E 644.13' W 1 Ci 4=352548" R=800,00' L=494.70' d SHEET INDEX SHEET 2; PARCELS 1. 2. 3, & 4 SHEET J. PARCELS 1, 5, 6, & 7 O SHEET 4: PARCELS 1, 8 9, 10, 11, & 12 m U F J 15250' 2550 0 250 WELLINGTON AVENUE R.C.C. OF PARCELS 2 - 12 PUNCHED 2" BRASS DISK WITH NO ADDIAONAL MARKINGS IN MONUMENT WELL FRUIT STREET w,wa.ma ¢n,a,szmea7..NM9pA.ANVFNc.8t5E.70�7.,�-o�v_IIoac.owo 23A-22 SEE SHEET 3 WELLINGTON AVENUE �o -- -_-_-_._._.___-- rPoa I PCL, 4 N89T2'29"W I 40' ip• N89'12'29 "W 8.50° e �^ � TPOB W �� � N89'12'29"WW M N89°12'29"O ,R R �C N89"19'527 U 10' N89'19'52"E TPDB 4.54' (RAD) PCL. 2 t PCL. 1 i g r3 wl 8.50 —N89'12'29"W 564.50 8.82' 7;o. i N81'OS'16"E 40' MM 469/3H6 (RAD) 40' 1 F JGHN90N-FRANK de ASSOC., INC. EXHIBIT 'B' 4AN4 suRVEYwca - MAPPINO SKETCH TO ACCOMPANY LEGAL DESCRID 6160 E. HUNTER AVrNUE ANAHEIM, CALIFORNIA 92807-2049 OATS ,_.20j 7-1"�-04 SHEkY 7 OF (714) 777-8877 EM (714) 777-1641 - 101tl14 1010142,01e„OJ,JIlN6EOJ.14PPoNO,IVSLY.,'1011-11—tlY—YM2tld0.OW0 23A-23 SEE SHEET 4 O� p 40' ; 40' 1 � 8,50' I p 0 p I ' a N89.12'290W I O 10 4 50, m N8972'29"W U �� 6.63' 11 I c� I °fo N6992'29"w , 1D __ 48517 N69'12'29"NJ TI, 9,43' N89'12'29"W t"�4d N89'12"29"w 9,23' n 1 rPaL� PCL. 5 hl Li N00'47'311 174.60 wlu.,,Ned L2 NOO'47'31 "E 115.66' I WELLINGTON PCL. 1 o _— AVENUE p Og N89'12'29"W 1 10 40' I 40' o N6 12'29 I � 6.28' SEE SHEET 2 6.50' + F JOHNSON• -FRANK 8c ASSOO., INC. EXHIBIT 'B' LANG SURVEYING — MAPPING SKETOH TO ACCOMPANY LEGAL DESCRIPTION 8100 E, HUNTER AVENUE ANAHEIM, CALIFORNIA 92807-2049 DATE 20,7-12-04 6HEE1' Of 4 (714) 777-8877 Z8,K (714) 777-1041 aainiia"=oaa.o�.asasEEu.hw�nr%sass.;xats.t t»4c_wa000.wm 23A-24 FIFTEENTH STREET 1 T I � I „' da -----N893126 W 542.14° €ate ys ip, .a, TF,O& 40 I od 40 10 89'129"W 8.50' N8972'29"W I 5 6,04' I LY PCL01 10 NB�1 29" 9.50' D N89'12'29'W I a 6.48' 9.50° O I � 4�� k P7p0 0B f 0 -871 N69 Z29 wU 1 6.42' `IIIIt•�----... r"""""'//// 6.50' 1100610 N89'('�,q: PCL. 9 8.50• F ` N89 }2''2 d 9.29' I MOB 10 N89"12'29"W PCL. 8 8.50' N99°12'29"W 1 6.29' Q PCL. 1 la� ou°,a o uxn l �Z P SEE SHEET 3 40 I 40' p JOHNSON—FRANK & AS50C., INC. EXHIBIT 'B' J IANp SURVEYING - MAPPING SKETOM TO ACCOMPANY LEGAL DESCRIPTION 8160 E. HUNTER AVENUE ANAHEIM, CALIFORNIA 92807-^2049 DATE 20172017-12—t74—t74. SHEET 4 QF 4 (714) 79'7-0077 F.92S (714) 777-1641 .. 201014&040 IIOta74ZO1E..�YNE<'SFD.,WJFMO_CMS'L4a1Y+1 t•P0..V—'1104 M 23A-25 23A-26 Recording Requested by and when Recorded Mail to: CITY OF SANTA ANA 20 Civic Center Plaza, M-30 P. O. Box 1988 Santa Ana, CA 92702 Exempt from Fee --Public Agency (Government Coda Section 273 83) Exhibit 3 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED AND AGREEMENT Sidewalk Construction and Maintenance Along Cabrillo Park Drive It Between East Fruit Street and 151' Street 00 m 00 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby o aclurowledged, w 0 MONTEREY VILLAS MAINTENANCE ASSOCIATION, a California domestic nonprofit corporation ("Grantor"), hereby GRANTS AND CONVEYS to the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California (the "Grantee'), and its successors and assigns, a perpetual, non-exclusive easement and right-of-way to install, construct, reconstruct, remove and replace, inspect, and maintain the sidewalk, including without limitation adjacent tree abatement and removal where necessary, vz, on, along, and under tine real property situated in the City of Santa Ana, County of Orange, State of California (collectively, the "Easement Area') and ingress to and egress from the Easement Area fi-om the closest public right-of-way, all more particularly described in Exhibits "A" and shown im Exlnbit "B," which exhibits are attached hereto and made a part hereof. The rights being granted herein include without limitation the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, and repairing the sidewallc located in the Easement Area. 23A-27 It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rights granted herein are subject to and limited by the following: Reservation: The easement and right-of-way granted herein are subject to the alights of Grantor, its successors, and assigns to use the surface of the land within the boundaries of the Easement Area in. any and all ways not inconsistent with the non -excursive rights granted hereby; provided, however, that no nnprovemerts shall be constructed, placed, or permitted within, upon, under, or above the Easement Area and such construction and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have been obtained from Grantee afier payment of normal processing fees. Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein. Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon, under, or above the Easement Area by Grantor shallbe operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the occurrence of such damage. Grantor shall otherwise maintain the Easement Area. Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the Easement Area by Grantee (collectively, "Claims'), excluding Claims caused by the negligence or willful misconduct of Grantor. Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shall anything in this Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in title of any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to human health or the environment, including without limitation responsibility or liability relating to hazardous or toxic substances or materials. Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantee: City of Santa Ana 20 Civic Center Plaza F.O. Box 1988 Santa Ana, CA 92702 Atin: Clerk of the Council 23A-28 If to Grantor: Monterey Villas Maintenance Association 9060 Irvine Center Drive, Suite 200 Irvine, CA 92618 Attu: Debbie Evans or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty- eight (48) hours after deposit in a United States mail depository. Warranty of Authority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that Its or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set fortb, have been inserted for the salve of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, Emit or modify any of the terms, covenants or conditions hereof Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained, therein, and no prior oral or written understanding shalt be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and interpreted with, and shallbe governed and enforced in all respects according to, the laws of the State ofCalifornia and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Easement, signed by all of the parties hereto. Successors: This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition, or provision contained in this Easement. Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary 23A-29 in connection with the performance of their obligations hereunder and to carry out the intent of the patties hereto. GRANTOR MONTEREY VILLAS MAINTENANCE ASSOCIATION By: obert Ualton Title: Board President Date: 6/15/18 0 23A-30 GRANTEE CITY OF SANTA ANA By: _ Title: Date: APPROVED AS TO FORM Sonia R. Carvallh�o,, City Attorney By:r— (/John M. Funk Assistant City Attorney / WN By: Matta D. Huizar Clerk of the Council EXHIBIT'A' LEGAL DESCRIPTION PARCELI: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 1 OF TRACT No. 10823, AS SHOWN ON A MAP THEREOF FILED IN BOOK 478, PAGES 28 AND 29 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A 9,00 FOOT WIDE STRIP OF LAND LYING WESTERLY AND SOUTHWESTERLY THE LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEETTHROUGH A CENTRALANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG LAST SAID CURVE NORTH 494.70 FEETTHROUGH A CENTRALANGLE OF 35°25'48'; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 240.15 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1391.05 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULAR TO SAID CENTERLINE, SOUTH 89°12'29" EAST, 49.00 FEET TO A POINT ON A LINE, SAID LINE BEING PARALLEL WITH AND 49.00 FEET EAST FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°47'31" WEST 1.0.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 16.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 9.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE, SOUTHEASTERLY ALONG SAID CONCENTRIC CURVE 23.12 FEET THROUGH A CENTRAL ANGLE OF 82°47'57"; CONTAINING AN AREA OF APPROXIMATELY 364 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; Page I of 3 23A-31 ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF, PARCEL 2: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 1 OF TRACT No. 10823, AS SHOWN ON A MAP THEREOF FILED IN BOOK 478, PAGES 28 AND 29 OF MISCELLANEOUS RECORD MAPS IN THE OFFfCE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING VARIABLE WIDTH STRIP OF LAND LYING WESTERLY OF THE LINE DESCRIBED AS FOLLOWS: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUITSTREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF ATANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG LAST SAID CURVE NORTH 494,70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48' THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 240.15 FEET, TO A POINT, SAID POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 1391.05 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, PERPENDICULARTO SAID CENTERLINE, SOUTH 89°12'29" EAST, 49.00 FEETTD A POINT ON A LINE, SAID LINE BEING PARALLEL WITH AND 49.00 FEET EAST FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°47'31" EAST, 462.20 FEET; THENCE, PERPENDICULAR TO LAST SAID COURSE, NORTH 89°12'29" WEST, 2.00 FEET TO A LINE, SAID LINE BEING PARALLEL WITH AND 47.00 FEET EAST FROM SAID CENTERLINE; THENCE, ALONG LAST SAID PARALLEL LINE, NORTH 00°47'31" EAST, 61.92 FEET; THENCE, PERPENDICULAR TO LAST SAID COURSE, NORTH 89°12'29" WEST, 2.50 FEET TO A LINE, SAID LINE BEING PARALLEL WITH AND 44.50 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID PARALLEL LINE, NORTH 00°47'31" EAST, 86.70 FEET TO THE NORTH LINE OF SAID LOT 1; Page 2 of 3 23A-32 CONTAINING AN AREA OF APPROXIMATELY 4983 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ANTHONY C. CUOMO P. L.S. 6042 DATE: 2017-12-5 Page 3 of 3 23A-33 Anthony 0, Cuomo Nn. 42 OF WELLINGTON AVENUE l ,ars LAN,o �1 �O0 00Y c G Gt^ e N0. 8042 1, I>� e J i"m250' 250 0 250 FRUIT STREET 23A-34 P.C.C. OF PARCELS 1 & 2 PUNCHED 2" BRASS DISK WITH NO ADD177ONAL MARKINGS IN MONUMENT WELL ra,af�,ope RU1o142.Aatl..48.FEN950�_MWPIN0..9/SF.8019+11»pY_V—naa�.axo COURSE TABLE Ll N00147'31"E• 161,80' FIFTEENTH STREET — �1�� L2 Na0'4731 "E 816,73 L3 N00'47'31 "E 174.60' -� 1 i L4 N00'47'31 T 644.13' !� I L8 N00 47'31 "E 240.18' Cl 4382846" R=800.00' Lm494.70' Yt jpI� SHEET INOEX O J SHEET 2: PARCEL I SHEET 3; PARCEL 2 PCL. 2 � I U , PCL, 1 WELLINGTON AVENUE l ,ars LAN,o �1 �O0 00Y c G Gt^ e N0. 8042 1, I>� e J i"m250' 250 0 250 FRUIT STREET 23A-34 P.C.C. OF PARCELS 1 & 2 PUNCHED 2" BRASS DISK WITH NO ADD177ONAL MARKINGS IN MONUMENT WELL ra,af�,ope RU1o142.Aatl..48.FEN950�_MWPIN0..9/SF.8019+11»pY_V—naa�.axo 40' ISEE SHEET" 3 1 I 40' t � +I I I.. ,� .... _...n„ ,..49,00'..,.. _. N69'12'$9"W 49.00'- 40, 0 9,00'-40, 00' t t fL1 10.84` 1 m I Rn., ai t� I � I I +II' I I s� W I I 1 I I ------------ ?'34"E 9.00' (RAO) WELLINGTON AVENUE n Aa"aia1�2�.A�7P.A3.REN5m,J1M'FNP,9�st,,,2Pi1w11ro0,,:/—ROP9.Vu0 23A-35 i N88'S1'13"W 4,50' NORM LINE--" i PARCEL 1 ITR, No. 10823 FIFTEENTH STREET i ...__—.._.__„__.__,_..._.._.__..._-- 1 � J 44.50,- ,- — ^^- � 4.5 -N89'12'29"W 2.50' h1 9 V� lu -- -- -- -- 47,00'— — — 06 rn q ,tw39 aW J � I 71,3 U i i N8912 29"W 2.00' a• A�— <r 40' I 40 9" SEE SHEET 2 SatatW.aY6 10t014TJ19E,A�_Nk�15E0.JW �pIN6„¢i9k1011�11wtl0..WIICUB.0W0 23A-36 Reeordmg Reguested by and when Recorded Mail to: CITY OF SANTA ANA 20 Civic Center Plaza, M-30 P. O. Box 1988 Santa Ana, CA 92702 Exempt from Fee. -Public Appy (Government Code Section 27383) Exhibit 4 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED AND AGREEMENT Sidewalk Construction and Maintenance Along Cabrillo Park DAve w Between East Fruit Sheet and 15t'' Sih eet w 0 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby w acknowledged, o THE REDWOODS HOMEOWNERS ASSOCIATION, a California domestic nonprofit corporation ("Grantor"), hereby GRANTS AND CONVEYS to the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California (the "Grantee'), and its successors and assigns, a perpetual, non-exclusive casement and right-of-way to install, construct, reconstruct, remove and replace, inspect, and maintain the sidewalk, including without limitation adjacent tree abatement and removal where necessary, in, on, along, and under the real property situated in the City of Santa Ana, County of Orange, State of California (collectively, the "Easement Area') and ingress to and egress from the Easement Area from the closest public right-of-way, all more particularly described in Exhibits "A" and shown in Exhibit "B," which exhibits are attached hereto and made a part hereof. The rights being granted herein include without limitation the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, and repairing the sidewalk located in the Easement .Area. 23A-37 It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rights granted herein are subject to and limited by the following: Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its successors, and assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non-exclusive rights granted hereby; provided, however, that no improvements shall be constructed, placed, or permitted within, upon, under, or above the Easement Area until such constnu tion and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have been obtained from Grantee after payment of nomial processing les, Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein. Maintenance/Repairs: Ali improvements owned, constructed, placed, or perniltted within, upon, under, or above the Easement Area by Grantor shallbe operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceedn-g normal wear and tear caused by Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the occurrence of such damage, Grantor shall otherwise maintain the Easement Area. Hold Harmless: Grantee shall indennvfy and hold Grantor, its officers, directors, employees, and representatives hannless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful misconduct of Grantor. Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shttll anything in this Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in title of, any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to human health or the environment, including without limitation responsibility or liability relating to hazardous or toxic substances or materials. Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easoment may be given or delivered bypersonal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantee: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council 23A-38 If to Grantor: The Redwoods Homeowners Association 1588 N. Batavia, Suite 2 Orange, CA 92867 Atta: Kathy Poremba or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed, Except where service is by personal delivery or by registered or certified marl, return receipt requested, service of any instrument or writing shall be deemed completed forty- eight (48) hours after deposit in a United States mail depository. Warranty of Anthority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith Beadings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the salve of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and interpreted with, and shallbe governed and cnforced in all respects according to, the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Easement, signed by all of the parties hereto, Successors: This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is hold by a court of competent jtaisdiction to be invalid, void, ilegal, or unenforceable, the remainder of the provisions hereof shall retrain in full force and effect and shall in no way affect, impair, or invalidate any other terns, covenant, condition, or provision contained in this Easement, Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary 23A-39 in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. GRANTOR GRANiET THE REDWOODS HOMEOWNERS CITY OF SANTA ANA Title: d'o�c'ES 1t �✓v J Title: Date:ZOO Date: APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By ohn M. Funk Assistant City Attorney ATTEST Maria D. Huizar Clerk of the Council 4 23A-40 EXH I BIT'A' LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOTS 1 THROUGH 5 OF TRACT No. 10580, AS SHOWN ON A MAP THEREOF FILED IN BOOK 469, PAGES 34 THROUGH 36 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING AN 8.50 FOOT WIDE STRIP OF LAND LYING NORTHWESTERLY AND WESTERLY OF THE SOUTHEASTERLY AND EASTERLY LINES OF SAID LOTS 1 THROUGH 5: THE WESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE NORTHERLY IN THE NORTH LINE OF SAID LOT 5, AND SOUTHWESTERLY IN A LINE, SAID LINE BEING A RADIAL LINE, SAID RADIAL LINE PASSES THROUGH THE SOUTHWESTERLY TERMINUS OF THAT 25.00 FOOT RADIUS CURVE SHOWN AS THE SOUTHEASTERLY LINE OF SAID LOT 2; CONTAINING AN AREA OF APPROXIMATELY 7441 SQUARE FEET, MORE OR LESS; SUBJECTTO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ANTHONY C. CUOMO P.L.S. 6042 DATE: 2017.12-5 Page 1 of 1 23A-41 m Anthony"'• CUOMO No. 42 of wl FIFTEENTH STREET ---I C) 4�J I� p J_ ip ' Vl� P 1 -- WELLINGTON AVENUE 1 COURSE TABLE Lt N00'47317 161.50' L2 N00'47'31'"6"818.7,3' 13 N00'47'31 T 174,60' L4 '47'31T 644,13' Cf 4=35'25'46" R-500.00' L=494.70' �o ip; R 1"�zso' 2$0 0 250 1 FRUIT STREET CIA EXPO , N0: 6042 , xntaux,axe aofotlTJlae.N,.e6N5�J.twrwG9ASE.xtlt7-11-09„Wq Wu.mYp 23A-42 Exhibit 5 Recordjn Reguested by and when ecce°de ail tr4 CITY OF SANTA ANA 20 CIVIC Culler Plazo , M-30 P. O, Box 1988 Sonta Aim, CA .92702 Exempt from Pee -•Public Agency (0overnitnont Cork Section 27:183) - SPACE. AOOYs FOR R4CQR1XW$ USBONLY EASEMENT DEED AND AGREE MEW Sidewalk Construction and Malntenance Alring C,aln,iz to Park DriYc 00 13ehva'oxr East`l ru#t Stree¢ and 7. ' Strect Co 0 FOR A VALUABLE C"ONSIDERADON,, the receipt and adequacy of which is hereby w acknowledged, o PARI[ CENTER TIOMEO WNERS: ASSOCIATION, a. California domestic nouptofit. corporation. ("Grantor"), hereby G31ANT°S. AND CONVEYS to the CITY OF SANTA ANA, a charter city and municipal corporation.organized and existing tinder the Constitution and laws of the state of California (the "Grantee'), and its successors and assigns, a perpetual, non-exclusive easement and, rightmof way to install, construct, reconstruot, rernove and replace, inspect, land maintain the sidewalk (sometimes referred to as "meAndered sidewalk"), including without limitation adjacent tree abatarncht and reinoval where necessary, in, Oil, 'along, and tinder the heal property situated in the City of Santa Ana, County of Orange, State of Califorol'a (collectively; the "'Easement Aroa") and ingress to and, egress Fron7 the Easement Area from the closest public right-of-way, all more particularly described in Exhibits ",1" and shown in. Exhibit "B," which exhibits are attached hereto and made a pari hereof, The lights being granted herein include without limitation the right to enter upon and to pass and repass over and along the Easement Area, and to deposit:tools,irhplements aid other materials thereon by Grantee or its successors and assigns, its officers, agents and employees; and by persons or 'entities under contrilet with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of7 tying, constructing, reconstructing, renewing, inspecting, maintaining, and repairing the sidewalk located in the Easement Area. 23A-43 It is understood and, agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rilhts.granted herein are subject to and limited by the following: es tion: The easeraaent and right-of=way granted herein are subject to the rights of Grantor, its successor's, and assigns to use the surface of the land within the boundaries of the Easement Area in any avid all ways not inconsistent with the Iron-excliusive rights granted hereby; provided, however, that no improvements shall be Constructed, placed, or permitted within; upon, under, or above the Eagement Area until such construction and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have: been obtained from Grantee aYiet p tyment of normal, processing fees. Grantor agrees that it shrill not grant any surface, subsurface, or aerial rights in the Easement Area as wall unreasonably interfere with or prohibit the use by Grantee of the. rights and Easement granted herein, ri k `iu ce/ a ai s: Grantee shall maintain the meandered sidewalk and curb ramps, within the Easement Area. Alt improverrients owned, .constructed, placed, or permitted within, upon, under, or above the Easement Area by Grantor shall be operated and riraintained at no cost, to Grantee; and Grarnor sliall'maintain such improvements in it good state of repair. Grantee shall proiraptly, at its sole cost, repair any damage exceeding norinat wear and tear caused. by Grantee to the Easement Area. Such repair shall: be to approximately the sasiie condition as existed intinediately prior to the occanrenco of such damage. Grantor shall gtherwiso maintain the Easement-Areti. II'old I1 ss; 'Grantee shall indemnify and hold Grantor, its alficers, direc,'tors, employees, and representatives harmless from and agauist any and all actions, claims, demands, judgments, attorneys' fees, costs, damages- to. persons or property, penaldc's, obligations, expenses or liabilities of any kind that may be asserted or claivaed, by any person or entity arising out of or in cotmection with. this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use oi'.tbe Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful ririsconduot of Grantor. Hazardous or Toxic Materials: Nothing in this 'Easement is intended, nor shall anything in this Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve Grtuitor or its successors or assigns or predecessors in title of, any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to human health or the cnvironnieut, including without limitation responsibility or: liability relating to hazardous or toxic aubstances of materials. oti s: Any notice, payment or instrument required or perntitted to be given or delivered by this Easement may be given or delivered by personal delivery or by depositing the same in any 23A-44 United States mail depository, first class postage prepaid, and addressed as follows; If to •at tee: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702, Attn: Clerk of the Council If to Gr t to .; Park Center Homeowners Association, 2740 N, Grand Avenue, Suite 200 Santa. Ana, CA 92705 Attu; Regent Real Estate Services, hic, or such other .person or address as either party may direct in writing to the;, other, provided, However, that such new or different person or address shall not become effective antil acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered, or testified snail;. return, recopt reQitestcd, service of any instrument or writing shall be deemed completed forty-eight (4$) hours 'after deposit in a United States mail depository. Wareanty of Anthbrityt Each officer of Grantor and Grantee affixing his or her siinratiiro to this. Easement warrants and represents by such signature that he. or she -has 'the fall legal authority to bind his or her respective party to all of the terms conditions, and provisions therein, that his or her respective party lies the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in edurieciion therewith. Headings The titles and :headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the stake of convenience only, and are not to be taken, deemed or construed to. be any pate of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the tetnas, covenants or conditions hereof, h4t9ratLqq.&onstructjon and An endmouts This Easement contains the entire understanding of the parties herein acid supersedes any and all other written or oral understandings as to those matters contained therein, and .no prior oral or written understanding shall be of any force 01• effect with r'espec't to those matters covered thereby. This Easement shall be construed and interpreted with, Said shall be governed and enforced in all respects according to, the Iaws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amenias, changes or modifies this Casement, signed by all of the parties hereto. Sueecssors: This easement and the provisions contained herein 'shall be binding upon and inure to 23A-45 the benefit of Grantor. Orantee. and their respectke heirs, executors, administrators. personal representatives, successors, and assigns. Partial Invali(lity: If an) teras. cotenant, condition. or provision of this L-:asement is held by a court or competent jurisdiction to he invalid, void, iIlegah or unentorccablc, the remainder of the provisions hereof shall remain is fill fora and effect and shall in no uay afi'ccl, impair, or invalidate any other terms, cotenant, condition, or protision contained is this Easement, norther Assnrancem Each of the parties hereto shad cxeeute rind deuteron} and till additional papers, documents. and other assurances and shall do alta and all acts and things rcasonabl) necessary in connection with the perrurmancc of their obligations hereunder and to carry out the intent of the parties hereto. C?RANTOR PARK CENTER HOMrOWNERS ASSO I 'l (T Tar: � olcr2rE.�r'Al'x Pcuacr�~sr�nf 'title:� ¢'t�t(teA%'7 23A-46 GRAN E,L, CITY OF SANTA ANA 'title:_ - Date: APPROVED AS TO FORM Sonia R. Carvalho. City Attorney It}; �_ C1,. lotto :t't. l�rutl: Assistant Cit;. Altontcv ATTEST BY: Maria 1). 1 luizar Clerk of the Council EXHIBIT'A' LEGAL DESCRIPTION PARCEL 1: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT'A' OF TRACT No. 9208, AS SHOWN ON A MAP THEREOF FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A VARIABLE WIDTH STRIP OF LAND LYING WESTERLY AND SOUTHWESTERLY THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 68.53 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, SOUTH 89°12'29" EAST, 45.00 FEETTO A POINTON A LINE, SAID LINE BEING PARALLEL WITH AND 45,00 FEET EAST FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, SOUTH 00°47'31" WEST, 13.60 FEET; THENCE, PERPENDICULAR TO LAST DESCRIBED COURSE, NORTH 89°12'29" WEST, 0.75 TO A POINTON A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 20.75 FEET, SAID CURVE BEING CONCENTRIC WITH AND 4.25 FEET EASTERLY FROM THE SOUTHWESTERLY LINE OF SAID LOT'A'; THENCE, SOUTHEASTERLY ALONG SAID CURVE 26.73 FEET THROUGH A CENTRALANGLE OF 73°48'46'; CONTAINING AN AREA OF APPROXIMATELY 193 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY, ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL 2: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT W OF TRACT No. 9208, AS SHOWN ON A MAP THEREOF FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A PORTION OF LOT W LYING WESTERLY AND SOUTHWESTERLY THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERUNE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO.PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN Page 1 of 3 23A-47 BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE, NORTH 00°47'31" EAST, 68.53 FEET, THENCE, PERPENDICULAR TO SAID CENTERLINE, SOUTH 89°12'29" EAST, 45.85 FEETTO A POINTON A LINE, SAID LINE BEING PARALLEL WITH AND 45.85 FEET EAST OF SAID CENTERLINE, SAID POINTALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, NORTH 00°47'31" EAST, 65,24 FEET; THENCE, PERPENDICULAR TO LAST SAID COURSE SOUTH 8912'29" EAST, 2.15 FEETTOA POINT ON A LINE, SAID LINE BEING PARALLEL WITH AND 48.00 FEET EASTOF SAID CENTERLINE; THENCE, ALONG LAST SAID PARALLEL LINE, NORTH 0°47'31" EAST, 27.73 FEETTO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 848.00 FEET SAID CURVE BEING CONCENTRIC WITH AND 48.00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG SAID CURVE, NORTHERLY 50.48 FEET, THROUGH A CENTRAL ANGLE OF 3°24'38; THENCE, RADIAL TO LAST SAID CURVE, SOUTH 87°22'53" WEST, 4,00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 844,00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 44.00 FEET EAST OF SAID CENTERLINE; THENCE, RADIAL TO LAST SAID CURVE NORTHERLY, 21.96 FEET THROUGH A CENTRAL ANGLE OF 1°29'27'; THENCE, RADIAL TO LAST SAID CURVE, NORTH 85°53'26" EAST, 1.00 FOOT TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 845.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 45.00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 74.42 FEET, THROUGH A CENTRAL ANGLE OF 5002'46'; THENCE, RADIAL TO LAST SAID CURVE, SOUTH 80°50'40" WEST, 3.00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 842.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 42,00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY, 23.37 FEET, THROUGH A CENTRAL ANGLE OF 1°35'25'; THENCE, NORTH 0°51'20" EAST, 31.94 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 849.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LASTSAID CURVE NORTHERLY, 52,06 FEET, THROUGH A CENTRAL ANGLE OF 3°30'48'; THENCE, RADIAL TO LAST SAID CURVE, SOUTH 73°37'44" WEST, 7,50 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 841.50 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 41.50 FEET NORTHEAST OF SAID CENTERLINE; Page 2 of 3 23A-48 THENCE, ALONG LAST SAID CURVE NORTHERLY 4.39 FEET, THROUGH A CENTRAL ANGLE OF O'J.7'56"; THENCE, NORTH 0°51'20" EAST, 23.89 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 849.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 20.40 FEET, THROUGH A CENTRAL ANGLE OF 1°22'35'; THENCE, NORTH 89°08'40" WEST, 9.36 FEET; THENCE, PERPENDICULAR TO LASTSAID COURSE NORTH 0°51'20" EAST, 23.99 FEETTO A POINTON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 849.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH ANT49.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY, 79.39 FEET, THROUGH A CENTRAL ANGLE OF 5°21'29"; THENCE, RADIAL TO LAST SAID CURVE, SOUTH 63°19'11" WEST, 4.75 FEETTO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 844.25 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 44.25 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 14.69 FEET, THROUGH A CENTRAL ANGLE OF 0°59'48'; THENCE, NORTH 00°00'31" WEST, 10.13 FEETTO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 849.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 85.54 FEET, THROUGH A CENTRAL ANGLE OF 5°46'21" TO THE NORTHERLY LINE OF SAID TRACT No. 9208; CONTAINING AN AREA OF APPROXIMATELY 4193 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ANTHONY C. CUOMO P.L.S. 6042 t pND Su4y DATE: 2017-12-5 �� •- �. dn, Anthon:14 . Cuomo o42 ae OF OAL'ilzi Page 3 of 3 23A-49 COURSE TABLE Ll NOO'47'310E 161.50' FIFTEENTH STREET Z2 I L2 N0004731'E 114,73 L3 N00%t7'31 �° 174.60' _ _ L4 NOO'47'31'E 644.13' Cl A-352546" R=800,00' L=494.70' IV I —WELLINGTON AVENUE i�. P^ Npl. LANA rotih pNV 0 t,USfi1G X00 �C.4 4� \\9_ E% 9 NO. 042u`3he PCL. 2 1 1 �( P.O.C. OF PARCELS 1 & 2 a PUNCHED 2" GRASS DISK zi PCL. 1 WITH NO ADDITIONAL MARKINGS IN MONUMENT WELL FRUIT STREET 25° 0 250 zotot�xau Oa7ots3..0:!_tlJo�M5E0.1VPMN0„WBB.YUI1»11AP�Y+1dK.OWC 23A-50 n �\J T"=20' 1 SEE SHEET 3 _ 48.00'_ •-. I I i 40' It 5,8S'µ40 F- - 46.85,- 5.00' 1 L2 N00 47'31 13.60' q� L3 N891229"W 0,75' (RAO.) L4 N16'58'45"E 4.25' (RAD.) LS N891229"W 5.85' L6 N6912'29"W ,2.15' 40' I 1,--r- N89"12'29"W 45.89' 5' —45.00'-- - I I PCL. M w°0 e ` Ci 4-73'48'46" R«"20.75' L-26.73' C2 4=7314846" R-25,00' L42.21' C3 4=8956'11" R=25.00' L-39.24' r 04 4-352548" R=800.00' L,494.70' 05 44525'48" R=840.00' 4=519.43' C6 4=324'36" R-848,00' L=50.48' �i 4 j N16'88'451 (RAD,) LOT A ni N69'08'40"W q FRUIT STREET zmoluoze 24f01P2b1tl.Ol.pM89�„14APINp,.;flnSE„zp11-�tI�OY..Vdt000.ONtl 23A-51 COURSE TABLE L1 N8912'29"W "E 5.00' 1 L2 N00 47'31 13.60' q� L3 N891229"W 0,75' (RAO.) L4 N16'58'45"E 4.25' (RAD.) LS N891229"W 5.85' L6 N6912'29"W ,2.15' ` Ci 4-73'48'46" R«"20.75' L-26.73' C2 4=7314846" R-25,00' L42.21' C3 4=8956'11" R=25.00' L-39.24' r 04 4-352548" R=800.00' L,494.70' 05 44525'48" R=840.00' 4=519.43' C6 4=324'36" R-848,00' L=50.48' �i 4 j N16'88'451 (RAD,) LOT A ni N69'08'40"W q FRUIT STREET zmoluoze 24f01P2b1tl.Ol.pM89�„14APINp,.;flnSE„zp11-�tI�OY..Vdt000.ONtl 23A-51 sotm+s:oae ao�ousose..as..psSesa�aarixes+ssaotr—� I�4o_wsaao.owc 23A-52 SEE SHEET 4 N �0 I 11 to 40� Q w COURSE TABLE 0 N8722'537 4,00' RAD,) I cin L2 N8553287 1.00' (RAO,) 1 ® L3 N8050'40"E 3.00' (RAD.) 1 r C1 4=12927" R=844.00' L=21.88' u I s II C2 d=13525" R=842.00' L=2:,37' aI 4- �p L2 r(F)44.00'— I � 4' C7 W 1 I�7 r Llj q w A 1 l� � �Q I G h1 I o r It CN _48.00'- u 1A J ' a ku ! 4 K wlyarn F 04 , " i =20' 40 V i SEE SHEET 2 I V V F JOHNSON -FRANK & ASSOC., INC. EXH181T 'B' LAND SURVEYING ,- MAPPINC SKETCH TO ACCOMPANY LEGAL DESCRIPTION 5150 E. HUNTER AVENUE ANAHEIM, CALIFORNIA 02807+2049 DATE 2017-12-04 SHEET 3 Of , 8 (714) 777,8877 1" (714) 777-1841 sotm+s:oae ao�ousose..as..psSesa�aarixes+ssaotr—� I�4o_wsaao.owc 23A-52 L1 L2 L3 L4 Ci C2 C3 04, SEE SHEET 5 r�1 L3 � N70'24'57T ! N71°47321 r "�udj 1"c20' IJ7979'47",F �RAp.1 r t$1 ir� �p1111 4 r ,-49,00 St1 1 M TABLEE ----- N80'50'40"E 3.00' (RAO.) N7337'44"E 7.50' (RAO.) i N7979'15"ERAO N89'08'40"W 9.38' N001551 "20"E 23.99' 4=502'48" R=845.00' L=74.42' I 42,00' 4=13525" R=842,00 L=23.37' 4=0'17'58" R=841.50' L=4,39' y � 40' 4=122'35" R=849.00' L-20,40' ' SEE SHEET 3 N7708'32"E (ILA 1) T _. ti0 0" LOT 10 Y010142020 Ytl1bt{k..pY,OvA.#,.NM95bJAMMNb,.BASE„R019-11-pAeWBW B.bAC 23A-53 M NO. 9207 Lor R MIMA-41 \ N'LINE, IR, No. 9208, p M.M. 376111-16 A� �r� � �� ✓ 161 %F3'03"��{RAp� Orr d r r�q,� cN N62ti9'2?" (RADj h y, 1p q' URSE TABLE` _ L1 NOO5120"E 23.99' R iP L2 N63'19'11 "E 4.7'5' (RAD.) 13 NOp 00'31 "W 10.13' 0 r' L4 N895445"W 10.90' ✓ r t4q.0 0 1 C1 LvO'59'48" R=844.25' L=14.69' �` ✓ r kqt RI N55 5642"E (RAO.) R2 N5531'40"E (RAO.) R3 168'40'401E (RAO.) qp ` SEE .SHEET 4 j saioi4x.uaaoS.wwveGo_w�iwo.6os�sotr.t t—oo.,v-zaa,owa 23A-54 EXHIBIT'A' LEGAL DESCRIPTION PARCEL 1: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 'B' OF TRACT No, 9207, AS SHOWN ON A MAP THEREOF FILED IN BOOK 382, PAGES 32 AND 41 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING VARIABLE WIDTH STRIP OF LAND LYING SOUTHWESTERLY OF THE LINE DESCRIBED AS FOLLOWS: COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST 494.70 FEET THROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG LAST SAID CURVE NORTH 133.53 FEET THROUGH A CENTRAL ANGLE OF 9°33'47" TO A POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 789.73 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, RADIAL TO SAID CENTERLINE, NORTH 64°55'30" EAST, 47.03 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 21.00 FEET, LAST SAID CURVE ALSO BEING CONCENTRIC WITH AND 14.00 FEET NORTHEAST OF THE NORTHWESTERLY EXTENSION OF THAT PORTION OF THE SOUTHERLY LINE OF SAID LOT'B' SHOWN ON THE MAP OF SAID TRACT No, 9207 AS BEING A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 35,00 FEET, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, SOUTHEASTERLY ALONG SAID CURVE 22.39 FEETTHROUGH A CENTRAL ANGLE OF 61°04'45"; CONTAINING AN AREA OF APPROXIMATELY 377 SQUARE FEET, MORE OR LESS; SUBJECTTO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, Page 1 of 5 23A-55 PARCEL 2; IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOTS 'A','Co, AND 'F' OF TRACT No. 9207, AS SHOWN ON A MAP THEREOF FILED IN BOOK 382, PAGES 32 AND 410F MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING VARIABLE WIDTH STRIP OF LAND LYING WESTERLYAND SOUTHWESTERLY OF THE LINE DESCRIBED AS FOLLOWS; COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No, 9208, FILED IN BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2 INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENTCURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST, 494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG LAST SAID CURVE NORTH, 174.64 FEETTFIROUGH A CENTRAL ANGLE OF 12°30'27" TO A POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 830.84 FEET FROM.SAID POINT OF COMMENCEMENT; THENCE, RADIAL TO SAID CENTERLINE, NORTH 67°52'10" EAST, 40.00 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 760.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 40.00 FEET NORTHEAST OF SAID CENTERLINE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 01°03'02" EAST, 23.66 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 751.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY, 9.39 FEET THROUGH A CENTRAL ANGLE OF 0°42'59" TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 10.75 FEET; THENCE, ALONG LAST SAID CURVE NORTHERLY, 14.14 FEETTHROUGH A CENTRALANGLE OF 75.20'43"; THENCE, NORTH 01°03'02" EAST, 11.78 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 751.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49,00 FEET NORTHEAST OF SAID CENTERLINE; Page 2 of 5 23A-56 THENCE, ALONG LAST SAID CURVE NORTHERLY 102.05 FEET THROUGH A CENTRAL ANGLE OF 7°47'08" TO RADIAL LINE; THENCE, RADIAL TO LAST SAID CURVE, SOUTH 79°49'51" WEST, 4,00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 755.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 45.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 52.45 FEET THROUGH ACE NTRALANGLE OF 3°58'50" TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 10.50 FEET; THENCE, ALONG LAST SAID CURVE NORTHERLY 6,29 FEETTHROUGH A CENTRAL ANGLE OF 34°20'35"; THENCE, NORTH 01°03'02" EAST, 31.86 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 753.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 47.00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID CURVE NORTHERLY 54,02 FEETTHROUGH A CENTRALANGLE OF 4°06'37", TO A POINTOF TANGENCY WITH A LINE, SAID LINE BEING PARALLEL WITH AND 47.00 FEET EAST OF SAID CENTERLINE; THENCE, ALONG LAST SAID PARALLEL LINE NORTH 00°47'31" EAST, 119.31 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 18.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 7.00 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT T'; THENCE, ALONG LAST SAID CURVE NORTHEASTERLY 24.87 FEET THROUGH A CENTRALANGLE OF 79°09'52"; CONTAINING AN AREA OF APPROXIMATELY 3145 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCELS: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT'R' OF TRACT No. 9207, AS SHOWN ON A MAP THEREOF FILED IN BOOK 382, PAGES 32 AND 41 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING 9,00 FOOT WIDE STRIP OF LAND LYING SOUTHWESTERLY OF THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN Page 3 of S 23A-57 BOOK 376, PAGES 11TH ROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 21NCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE, NORTH 00°47'31" EAST, 161.50 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG SAID CURVE NORTHWEST, 494.70 FEETTHROUGH A CENTRAL ANGLE OF 35°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG LAST SAID CURVE NORTH, 35.30 FEETTHROUGH A CENTRAL ANGLE OF 2°31'41" TO A POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 691.50 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, RADIALTO SAID CENTERLINE, NORTH 57°53'24" EAST, 49.00 FEETTO A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 751.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET NORTHEASTOF SAID CENTERLINE, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG LASTSAID CURVE SOUTHEASTERLY, 33.14 FEETTHROUGH A CENTRAL ANGLE OF 2°31'41" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 849.00 FEET, LAST SAID CURVE BEING CONCENTRIC WITH AND 49.00 FEET NORTHEAST OF SAID CENTERLINE; THENCE, ALONG LASTSAID CURVE SOUTHEASTERLY, 8.64 FEETTHROUGH A CENTRALANGLE OF 0°34'59" TO THE SOUTHERLY LINE OF THE SAID TRACT No. 9207; CONTAINING AN AREA OF APPROXIMATELY 350 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BYTHIS REFERENCE MADE A PART HEREOF. PARCEL4: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT'R' OF TRACT No. 9207, AS SHOWN ON A MAP THEREOF FILED IN BOOK 382, PAGES 32 AND 41 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID PARCEL BEING A VARIABLE WIDTH STRIP OF LAND LYING NORTHWESTERLY OF THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF FRUIT STREET, WITH THE CENTERLINE OF CABRILLO PARK DRIVE, SAID INTERSECTION BEING SHOWN ON THE MAP OF TRACT No. 9208, FILED IN Page 4 of 5 23A-58 BOOK 376, PAGES 11 THROUGH 16 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID INTERSECTION SHOWN AS BEING A 2INCH BRASS DISK WITH A PUNCH MARK AND NO OTHER MARKINGS, SET IN A MONUMENT WELL; THENCE, ALONG SAID CENTERLINE OF CABRILLO PARK DRIVE, NORTH 00°47'31" EAST, 161.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 800.00 FEET; THENCE, ALONG SAID CURVE NORTHWEST, 494,70 FEETTHROUGH A CENTRALANGLE OF 3S°25'48" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 800.00 FEET, THENCE, ALONG LAST SAID CURVE NORTH, 35.30 FEET THROUGH A CENTRAL ANGLE OF 2°31'41" TO A POINT LYING ALONG SAID CENTERLINE AN ABSOLUTE DISTANCE OF 691.50 FEET FROM SAID POINT OF COMMENCEMENT; THENCE, RADIALTO SAID CENTERLINE, NORTH 57°53'24" EAST, 49,00 FEETTO A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.50 FEET, LASTSAID CURVE ALSO BEING CONCENTRIC WITH AND 14,50 FEETSOUTHEAST OF THE SOUTHERLY EXTENSION OF THAT PORTION OF THE NORTHWESTERLY LINE OF SAID LOT'R' SHOWN ON THE MAP OF SAID TRACT No, 9207 AS BEING A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, LAST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG LAST SAID CURVE NORTHWESTERLY, 22,12 FEET THROUGH A CENTRAL ANGLE OF 61°49'01'; CONTAINING AN AREA OF APPROXIMATELY 440 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT'B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, ANTHONY C. CUOMO P. L.S. 6042 DATE: 2017-12-5 Page 5 of 5 23A-59 Anthony 2 CUOMO NO. 42 m ENp, 5-3a N0. 8042 a� r P.O.C. OF PARCELS 1 - 4 J PUNCHED 2" $PASS DISK �I WiTH NO A0011IONAL MARKINGS IN MONUMENT WELL 1"=25D FRUIT STREET 250 0 250 JOHNSON -FRANK & ASSOC., INC. EXHIBIT 'B' LAND SURVEYING - MAPPING SKETCH TO ACCOMPANY LEGAL DESCRIPTION 5150 E. HUNTER AVENUE ANAHEIM, CALIFORNIA 928072049 DATE 2017-12-04 _.... SHEEP' 1 OF 8 (714) 777-8877 Ea (714) 777-1841 eo+m+xaxe w+oux,aan.anaaVsm..wa+vwo..a�sc:xaiv-n-oa_v.aaauxo COURSE TABLE "E a NOO"47'31 161.50' FIFTEENTH STREET -� L2 M00'47'31"E 816.73 I L3 NOG'#9'31"E 174,60' W I L4 N0047'.31 "E 644.13' Cl 6=352548" R=800.00' L=494.70' Q I 0 SHEET INDEX I SHEET 2,' PARCEL 1 O SHEET 2-6., PARCEL 2 I SHEET 6: PARCELS 3 & 4 mI U II If -—WELLINGTON AVENUE m ENp, 5-3a N0. 8042 a� r P.O.C. OF PARCELS 1 - 4 J PUNCHED 2" $PASS DISK �I WiTH NO A0011IONAL MARKINGS IN MONUMENT WELL 1"=25D FRUIT STREET 250 0 250 JOHNSON -FRANK & ASSOC., INC. EXHIBIT 'B' LAND SURVEYING - MAPPING SKETCH TO ACCOMPANY LEGAL DESCRIPTION 5150 E. HUNTER AVENUE ANAHEIM, CALIFORNIA 928072049 DATE 2017-12-04 _.... SHEEP' 1 OF 8 (714) 777-8877 Ea (714) 777-1841 eo+m+xaxe w+oux,aan.anaaVsm..wa+vwo..a�sc:xaiv-n-oa_v.aaauxo 4d SEE SHEET 3 p U R=1o.75' N69'31'46TE RAD.) of 41.05 '565,r Npkr�Sl�POiQ w+'"kf1 IJ � R1 dw,RF. /5/1 kp tt� k0 of 6 7010142020 W10144ytl2A...0'J.A5U9EO,�AWPINC.IWE-RO1]�11-OO..V-10o9,IXW 23A-61 0 ` n Ac 5 1-0 o �Ct COURSE TABLE Cl "- 1°0445" R=21,00' L=22.39' C2 A 53°46'11" R=35.00' L-32,64' C3 d=3856'56" R=35,00' L=23.79' C4 d 1'12'33" R=760.00' L=16.04' C5 A-2202" L=32.32' C6 4=7520'43" R=10,75' L=14.14' C7 4=0°°42'59" R-751,00' L=9,39' U N1354'13"W 14,00' (RAD,) L2 N6455'SOT 7.03' (RAD,) L3 N01'03'020E 23.66' RI N25'02445T (RAD.) R2 N15°42`19"E (RAD.) R3 N70°14'45"E (RAO.) R4 N63°42'57"E (RAD.) SEE SHEET 3 p U R=1o.75' N69'31'46TE RAD.) of 41.05 '565,r Npkr�Sl�POiQ w+'"kf1 IJ � R1 dw,RF. /5/1 kp tt� k0 of 6 7010142020 W10144ytl2A...0'J.A5U9EO,�AWPINC.IWE-RO1]�11-OO..V-10o9,IXW 23A-61 ISEE SHEET 4 t e i 40' 51 Gal �0 ,� 4.5.00'. t O L"� 1 s 9' t 40' c cw wt 10#20' w51 , bayl � . A C © 1t mw0 N �. t ...8.00 .. Mt kD' t ND t \ SEE SHEET 2 23A-62 COURSE TABLE Cl 4=7520'43" R=10.75' L=14.14' C2 A-3158'60" R=755.00' L=52,45' C3 4-0"4259" R=751.00' L=9.39' L1 N20106'45"W 9.39' 42 NW W'027 11.76' L3 N79'4951 "E 4.00' (RAO.) R1 N15'42'19"E (RAD.) R2 N70'14'46"E (RAD.) IIalatlyaa&.,0U4NSEo,.NM71xo�IS81' an -t I-a4wW1aa0.RYa ----47.00'---- } I } SEE SHEET 9 } ... ip'1q E Vol Q� a 4p1 z 40' 7 3 U 1,41 1 iv i c7 -- — ^-- —47.00'— Vol 12 N8840'$4"E (,RAO.) l Eli Ci A I A R AW A=34'20'35" 10.50 I P Vol 11 L=6.29' I C2 Cl R1 R=10.50' 4=3158'50" , `- R2 R>fKfflr R=755.00' I L42,45' RI N56'4227"E (RAD.) 5'� R2 N83R48'41 "E (RAO,)� 45.00'" � 1 "m20' 40 I a Vol 10 I SEE SHEET 3 1 10,01=0 201ot/P_gae�gJ�gEN9HtlJ.W++1Nq.W9V.,Ag1i�t1-gc.,w2o6B.Vtlq 23A-63 i fi WELLINGTON AVENUE I- — - 0 le I I N10'02'37"W 7,00' (RAD) it 04 01 A--79#09'52* I R-18,00' L=24,07' 40° � 40' 7' ®, IQ rol Q cy O I J J I Gd, U 47.00'-- — — �0 FIS—� I gip'( ti SEE SHEET 4 vol 13 40' 40' 7' xu,vrna,uso 0019142„OS&.0]_IIM980.JNWPUIO„N9ri,GAIf�11��e��O.MW 23A-64 P J \ c gN K Z v01 0 \\1--20 C) wr \ � m�� w `✓ /" �„.✓' VpK P 00,.6 PCL. 4 r c�\ N8229'17"W �RA01 R435',' �,'"(12;4D.}�R=2b,50� ?s \ N58 5031 " RAD R=7650' u�\ ( ) T P.O.B. 1.g v. PCL. 4 �V CiO� 50 �RPa✓ ✓ CC" A� a. ✓�p00 t0 , c+a \sus. \COUSE TABLE X\\1� Ci A-2'26'12" R=760.00' L=32.32'4=231'41" R=751.00' L -33.14'C3 A=A34'59" R=849.00' L=8.64' �✓C4 f l 04 A=0409'67" R=840.00' L=2.43'\C`�a, 00 ✓ 2 06 A=61'49'01" R=20.50' L=22.12' ✓' k� R0r✓�Pa� c� C7 4=502433" R=35.00' L=30.79' ✓ ✓ i R✓p 5"E AFP©1 wry —08 4=53 46'01 " R=35.00' L-32.84' , p E X r C9 A=3575'48" R=800.00' L-494.70' ✓ ✓�5 y"a1 ✓ C10 A-057'07" R=760.00' L=12.63'✓ Lf N320444"W 14.50' (RAD.) 3'LINE, TR. No. 9207, Vic. L2 N895445"W 10.90' \ AM.M. 362/3241 zaim+xoza IWIPiA2.a1E�9]�RPAPFD.MWPINo�BMP ]Oflwif Wtl_VrYWO.ONM1i 23A-65 ACKNOWLEDGMENT :who notary public or other officer completing this rtificate verifies only the identity of the individual signed the document to which this certificate Is tached,11dnot the truthfulness, accuracy, cr lldit .ofthat document. State of California County of - i V ) On ek ae (Insert name and title of the officer,,) personalty appeared. Lyt > at✓t ' r a ri` whoprovad,to me on the basis of satisfactory evidence to be the person(s) whose names) Is/are subscribed tothe within instrument and acknowledged to me that he/she/they:executed the same In his/her/their authorized capaclty(ies), and that by hlslher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that4he foregoing paragraph (s true and correct. WITNESS my hand and official seal, Signature a •= n'rCyESoAR11Cq • RCTaUO1i1P2n /r8n7Cantrnmiahei6on fA 2lNla � � t7ranpe County . PvT Com�m�Es lras Mu 23 20'15 (Seal) 23A-66 CITY OF SANTA ANA Exhibit 6 PROPOSAL, PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF TI IF. CITY OF SANTA ANA FROM: \ .�, �'n\ comc wr-'-,C,)m ror REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Document's 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 stun(s) set forth in the following schedule: Item Description —ed Qty Unit Unit Price Amount 1 -- - UncIassittl'xcavation" ----- -- 550 Cl' $ 0 ()o $ ---- 95,000 2 AC Pavement ---------- 130 7N - $ o 225 -'------------- $ oa 2a, r 3 Pcc Sfdewall<(T=a")"' --- 17200 SP $ -T0 5 i1q,0000 4 Curb Ramp 3,300 SF $ 00 $ 5 PCC Curb and Gutter(Type A--2---8-)— 1,700 LF $� - - $ " JQoa 19t�1(Obf� Adjust Pullbox to Finished Grade A EA $ : „ 150 $ (0 (20 7 Root Shave* -- -- _ --- 71 EA y;E50-0 256 -$-------- — .17,7 8 Trce Removal -- 15 EA $ 11 zoo n � $ o� i 9Furnish and Install 24" box New Zealand 4 EA $ �� $ Chrisunas Tree _ —._ Gov �,, �v_v_ 10 Adjust Manhole to Finished Grade 2� _ �EA $ a , $ u o 256 15 od I I Traffic Cartrol Worl< I L.S $ $ 5,030" 5, Doo 12 Landscape(include new sod) and Irrigation I I'S $ -..- Repair --------------- j 000 Up U 13 Labor Agreement Oversight -- I - LS - - $5,000------�$S,OOD------ P-I ofP-16 23A-67 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS TOTALBASEBID $ JJ000�O The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%u" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOU(DATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 'FI -I=39_ worlein = da s after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S1,700 per calendar clay. Name Signa' Title (1f an all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P-2 of P-16 23A-68 CITY OF SANTA ANA PROPOSAL PROJECT NO.: I6-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract DOCmnents 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 BI Title O (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 it corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P-3 of P-16 23A-69 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILL,O PARK SIDEWALK IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATfON STATEMENT The undersigned contractor, or corporate officer, declares wider 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: 1 t :�p �(/_ on �i' �(AC+i ©rti CQ (� r � �j.__ Business Address: ULG l fGo�R`een IZ? r✓�yi"eA Gl %0Z��o Business E -Mail Adcless: 7', (i CA`50 Telephone: 6(01 (6CI— State Contractor's License No. and Class: License Expiration Date: 6/3 � / 18 -- State Dept, of Industrial Relations (DIR) Registration No.: l 000c,00505a State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: P-4 of P-16 23A-70 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENT'S PREVAILING WAGE COMPLIANCE AND MON11DR1NG 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 "publie 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 coin mencement 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, of icers, 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. fhe undersigned certifies that the foregoing is uve and correct NameofFirm CGM CGV -5rtcu on'ovg cure Signat Title (ifan indvrdnat, SO state) P-5 of P-16 23A-71 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16.6862 CABRILLO PARK SIDEWALK IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) ...�"...� �:' C.RR +"�✓td L..e7 , being duly sworn, deposes and says DINDIVIDUAL Thal he/she is the party maldng the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the oo•partnership Hmt designated as: and who has been and N duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co-patlnership. ,CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑JOINT VENTURE That ho is of, ���• one of the parties nn aaldnngg the foregoing proposai as a,joint venture; and the ho/sho has been and Is duly vested with the authority, to execute instruments for all on behalf of the parties making said bid who arc: that such a bid is genuine and not collusive or share, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person, Signature of Bidder Subscribed and sworn to before me this day of Matte 20 e6 Signature of officer Administering Oath (Notary Public) }R 1sPNCMAN CallNotary Punlic • California Los Angeles County € b , A Commission N 2242.835 " My Comm, Expires Jun 14, 2022 P-6 of P-16 23A-72 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 16-6862 CABRILLO PARI{ SIDEWALK IMPROVEMENTS(..�G BID BOND ^f KNOW ALL, PRESENT that, --- as BIDDER, and as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sutra, BIDDER and SURETY agree to be bound, jointly and severally, finely by these presents. THE CONDITIONS OF T141S 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 day of 20—. BIDDER" SURETY" Subscribed and sworn to before me -'20—. Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, P-7 of P-16 23A-73 Bond No. CSBA-8029 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BID BOND KNOW ALL .PRESENT that, C.E.M. Construction Corporation as BIDDER, and Developers Surety and Indemnity Company as SURETY, are held and firmly bound unit) the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($ to%, ), which is Pen percent (1.0%) 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 sea( this 12th day of June 1 20 18. BIDDER" SURETY* Subscribed and sworn to before me this day of T___. 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-7 of P-16 23A-74 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On June 12th 2018 before me, _ Rudy Urie[a Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. miovumrra n i' ti N.: t irk i°uUlic C�liforula tt ra ORANGH COUNTY "' @iyCu nni ExpiR hd t4, 2020 Signature -- 23A-75 POWER OF ATTORNEY FOR bond No, CSSA-8029 DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Dox 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Shaunna Rozelle Ostrom, Michael Castanect Dwight Reilly, Daniel Huckabay, Arturo Ayala, jointly or severally*** as their true and lawful Afomey(s)-in-Fa@, to make, execute, deliver and acknowledge, for and an behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving end granting unto saidAltomoy(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving 10 each of said corporations full power of substitution and revocation, and all of the acts of said A4omay(s)-In-Fact, pursuant to these preeams, are hereby ratified and confirmed. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adapted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior vice -President or any Vice Peskiest of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, quathog the sftorney(s) named In the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such pincers may be afOxed to any such Power of Attorney or to any cedlticate relating thereto by facsimile, and any such Power of Attorney or cedificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undedaPo'ng or contract of suretyship to whioh it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by respective Secretary or Assistant Secretary this 8th day of February, 2017. yhall By:4'.e �S4 AN0 /N�..," Daniel Young, Senior Vlae Pmsitlent a� escaii' g�?�.............. 1936 C4�'$100- y9:Mark Lansdon, Vlcs-Preedent +,-j......... ',rsi..,...h�, q anur,„po` w A notary public or other officer completing this certificate vanillas only the identity of the Indivldval who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, Orval of that document. State of California County of Orange On Februarv6 2017 before me, Lucille Raymond Notary Public Dale Here lneetl Name antl Title d the OM.r� personally appeared Daniel Young and Mark Lansdon Neme(sl of signer(.) -- who proved to me on the basis of setiafactory evidence to be the parsons) whose name(s) isles subscribed to the within instrument and acknowledged to me that halahw hey executed the same In hisherltheir authorized capacity(les), and that by hlsyherylhelr signature(s) on the instrument the person(s), or the amity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. _ Commission M 2081946 Notary Public - Califon le Z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is z Orange County true and correct. Comm. Ef ices Oct 13, 2ple+ WITNESS my hand and official seal. Place Notary Seal Above Signature t Luclll yifiond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby oedily that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set inch In the Power of Attorney ere In force as of the date of this Deal te. ,e,enee,"a. This Cerhticate us executed In the City of Irvine, California, this 12th day of June 2018�gJ44ApA„Ro�2Op48� O F 1916 Cassia J, ,mallard, Masseur 66ary ? of iSg,wr ATS,1002(02/17) 23A-76 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 4 1189 A.�SR3#i�!Ni#�71 ..... _... __ A notary public or other office) 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, of validity of that document. State of California noY — County of O A-ekJI Oil Dl Z(3 ��a/ before me, N ct� 0�I f�vlzCv- (upt�,, Date 1-16re Name and Title personally appeared S'uS �r fi ill o Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/ane subscribed to the within Instrument and acknowledged to me that he/stTuAtrey executed the same in his/heRITeir authorized capacity(ies), and that by his/he'rfteir signature(s)=on the instrument the person(s)Tor the entity upon behalf of which the persons) acted, executed the instrument. SANGfAN CH z $ ""'L Not Pubin:- California Los Angeles County =E Commission N 2242935 My Comm. Expires Jun 14, 2022 Place Notary Seal and/or Stamp 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. s Signature - Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 1�r;7 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association CSP/I­60-1 NumberofPages: j Signer's Name: FI Corporate Officer - Title(s): ❑ Partner- n Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: _ Signer is Representing: 23A-77 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.6862 CABRILLO PARK SIDEWALK IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 at, 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; 1/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/m% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIP). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name _ or L = _ Name License #/Exp. _ License DIR Reg. #/Exp, _ DIR Rei Location Phone Type Of Work Amount $ Name License #/Exo. DIR Reg,#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone _ Type Of Work Amount $ a� of -Bidder Locador Phone Type Of Amount Name License DIR Reg License; Location Phone 'T'ype Of Amount Name License I DIR Reg License d Location Phone Type Of Amount' P-8 of P-16 23A-78 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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. and Address of Owner. CA q Name and Telephone Number of person familiar with project. P "�(OZi775" CQTtCS t2 _ 5/6/I� Contract Amount Type of Work Date Completed _ 2. U A Qi(A(ho 6A 2161c2 Co?llp, VCo rnon,y Fz�r r -A Cu -f(,5 Name and Address of owner. 3. Name and Telephone Number %y0l,VRSA-r,5 Contract Amount of person familiar with project. e�.srY� S+SPS l'ype of Work SGrriEV)rjQ_":& 5&2-801-kHt to /I la Date Completed J2fc,G4 Name and Telephone Number of person fauniliar with project. M�2tom" concru--e 1VS/1 -7 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. jr►07:71f I�+!i � � 1�1'f1i� �� - " .�y�y � ..0 ,:. � 1 r 11-9 o f P-16 23A-79 CI'T'Y OF SANTA ANA PROPOSAL PROJECTNO.: I6-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TURES public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 2. and Address of 3 Name and Telephone Number of person familiar with prpject. N 35U,213. + Cotncr-P_k�e _ Iy/� � _T Contract Amount Type of Work Date Completed and AdUAs of owner. Naand Telephone Number of �yn person familiar with project. I4195,6 'a5 � "n renti npwy&,Y e .t- Contract Amount Type of Work Date Completed 3. Ci Cls v\o�h)j 'Y-yi, 2-00 7 Rv7a>nw,xn I&v2L Am\V0w C/A `,2 UFO Nairn6 and Address of owner. �oSh. SiVnZh&'�. �?141�7(oKj'N�io! —. Name and Telephone Number of person familiar with project. -- 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. C,17GA` 7ILA -51Co--123Z 1911 &/ (2,c 4-G,yfC,,,Sk 5LAA-c2o�,, dtGn�jz cr4_G¢eto7 P-10 of P-16 23A-80 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicitcd 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 Ex 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 malting a false certification may subject the certifier to criminal prosecution. Signed State of California County of t -o1 C-& t, 0f Subscribed and sworn to (or affirmed) before me on this 13 day of atjevt' , 20-U, by 6 Qla 919 Lea , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature _ Notary Public Seal ��� y gANCAUN eN Notaryft It California Q+ Los Angeles Csunty g Commission A 2242935 My Comm, Expires ,tun 14, 2tl22 P -I1 ofP-16 23A-81 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all IInformation 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 involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order'of"the Secretary of Labor, or as otherwise provided by law. P-12 of P- 16 23A-82 CITY OF SANTA ANA PROPOSAL PROJ GCT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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 Unitech States. S. 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 meed, 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 tile Chapter, Signed: Title:�(ZSy a `jCj�tS t Ge(f+i IU Fit -in: C� Ccjn?f((j( ,oti COf�7 Date: (D f V I P-13 of P-16 23A-83 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARI{ SIDE -'WALK IMPROVEMENTS STATEMENT REGARDING APPREN ICESI III? R.MUIREMEMFS The undersigned BIDDER is fiamiliar 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: I. 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 cntploys journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as tite other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. s Title: Y �7 Firm: CR -A 001154 I,.icUoy? COT"% Date: _t Lah S P-14 of P-16 23A-84 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARI{ SIDEWALK IMPROVEMENTS STATEMENT REGARDING ,"ANTI -KICK BAC K" 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: Title: Tr l(G Firm: Cr1 CC k1.24fvtc4,c>" Cart Date: �ZIVIIO P-15 of P-16 23A-85 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.6862 CABRILLO PARK SIDEWALK IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the Following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No _� _ If the answer is yes, explain the circumstances in the following space, IL11� P-16 of P-16 23A-86 CITY OF SANTA ANA Exhibit 7 CONSTRUCTION CONTRACT PROJECT NO. 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENT PROJECT This CONSTRUCTION CONTRACT is made and entered into this 2°a day of October, 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 CEM Construction Corporation (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Cabrillo Park Sidewalk Improvement 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 Three Hundred Seventy -Three Thousand Dollars ($373,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23A_87 Page 1 of 3 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: http://www.santa-ana.org/pwa/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, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A-88 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract oil the day and year first above written. ATTEST: MARIA D. FIUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ' ✓.. _ J FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL OODINEZ II City Manager CONTRACTOR: CEM Construction Corporation JESUS CARRILLO President 23A-89 Page 3 of 3 23A-90 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-6862: CABRILLO PARK SIDEWALK IMPROVEMENT PROJECT Construction Contract $ 373,000.00 Contract Administration $ 23,500.00 Inspection and Testing $ 32,450.00 Contingencies $ 37,300.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 466,250.00 23A-91 23A-92 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: APPROVE AGREEMENT AMENDMENT WITH WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES {STRATEGIC PLAN NO. 6, 161 W6"r AEG 1 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 an amendment to the agreement (A-2015-126) with West Coast Arborists, Inc. to provide tree maintenance services for the City by: increasing the annual agreement amount by $248,251.60, which includes $140,000 for the Parks, Recreation and Community Services Agency and a 10 -percent contingency ($108,251.60) of the original agreement amount for the Public Works Agency for the second year of the first, two-year renewal option period of July 1, 2017 through June 30, 2019, for a total annual cost of $1,330,767.60, and increasing the annual agreement amount by $108,251.60 for the Public Works Agency, which is a 10-pecent contingency of the original agreement amount, for the second, two-year renewal option period of July 1, 2019 through June 30, 2021, for a total annual cost of $1,190,767.60, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 7, 2015, the City of Santa Ana awarded a two-year agreement to West Coast Arborists, Inc. for tree maintenance services in the City. The agreement included scheduled tree trimming of street trees as well as on-call tree maintenance services at city parks and the civic center campus for an annual amount of $1,082,516. The agreement included two, two-year renewal options, in which the City is in its second year of the first renewal period. The allocation identified in the agreement for Parks, Recreation and Community Services Agency (PRCSA) and the Civic Center is $50,000 and $10,000, respectively. On October 23, 2017, the PRCSA made a presentation to the Youth, Education and Community Services Council Committee indicating $500,000 is needed to trim all the park trees on a 4 -year 25A-1 Agreement Amendment with West Coast Arborists, Inc. October 2, 2018 Page 2 cycle. Due to budget constraints only an annual amount of $50,000 was allocated for tree trimming and removal at city parks. The PRCSA in collaboration with the Risk Management Division of the Human Resources Department have identified approximately 70 dead trees and 23 stumps at Centennial park that pose a potential liability risk to the City. Direction by the Interim Executive Director of PRCSA has been given to remove these trees at a cost of approximately $37,000. PRCSA is currently performing a tree survey at Santiago Park that will indicate the number of dead/diseased trees that need removal. In doing so, the $50,000 allocation for on-call tree maintenance services at city parks will be depleted. The Public Works Agency (PWA) collaboratively worked with PRCSA in this effort by assisting with the use of $20,000 from PWA's contract allocation for street tree services, which instead will be used for emergency tree removals at the Santa Ana Zoo, provided that the agreement authority allocation is replaced before the end of the year. Therefore, PRCSA is requesting $130,000 to be added to the agreement to provide a $110,000 allocation for as - needed services at City parks for the remainder of the year and to replenish the $20,000 amount used for the Zoo from the PWA's agreement allocation. PRCSA is also requesting an increase of $10,000 in agreement authority for tree maintenance services in the Civic Center, for a total increase of $140,000. $50,000 of the $140,000 increase for PRCSA will be provided through reallocating funds remaining from PRCSA's remaining balance of Addressing Maintenance Enhancing Services Program funds to address tree liability assessment and improvements. It is important to note that in order to identify the additional $25,000 in PRCSA-Park Maintenance and $20,000 in PRCSA- Zoo needed to increase the agreement authority, the agency will have to delay other maintenance and repair issues. Working together, PWA and PRCSA determined that a contract contingency of 10 -percent in the amount of $108,251.60 was necessary to allow adequate funding for unforeseen circumstances such as emergency removals, wind and rainstorm service efforts, and to address some of the challenges faced due to California's record drought during the past six years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds in the amount of $248,251.60 are budgeted and available for expenditure in FY 2018-19 in the accounts listed below. Funds will be budgeted in successive years, as depicted, if optional extension is exercised. 25A-2 Agreement Amendment with West Coast Arborists, Inc. October 2, 2018 Page 3 Account FY 2018-19 FY 2019-20 FY 2020-21 PRCSA-Zoo (no. 01113220-62300) $20,000 PRCSA-Park Maintenance (no. 01113250-62320) $25,000 PRCSA-Civic Center Maint. (no. 07413250-62320) $10,000 PRCSA-Addressing Maint. Enhancing Services. no 05013018-62320) $50,000 HR -Liability Property Ins.(no. 08009051-62300) $35,000 PWA -Sanitation Services (no. 01117643-62300) $108,251.60 $108,251.60 $108,251.60 TOTALS $248,251.60 $108,251.60 $108,251.60 I ;77 FUNDS AND ACCOUNTS: Sergio Vidal wx6-wD Mf ((-TP) Acting Executive Director -p— '�l `t`'�,) nity Pervices Finance and Managemghti Services Agency N Fuad Sweiss, PE, PLS Executivfi Director Public rks Agency Exhibit: 1. Agreement Amendment Steven Human Resources Department 25A-3 25A-4 FIRST AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 2, 2018, by and between West Coast Arborists, a California corporation ("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 an Agreement No. A-2015-126 dated July 8, 2015 to provide tree - trimming and maintenance services ("Agreement'). B. On July 7, 2015, the City Council approved Agreement A-2015-126 for a term starting July 8, 2015 to June 30, 2017 with two, two year options for renewal. The Agreement only specified one two year renewal which was an error. The parties wish to amend the Agreement to specify that the term contain two, two-year options for renewal as previously approved by the City Council, C. The parties also wish to amend the Agreement to increase the compensation paid to Consultant to continue trim trimming services for the remainder of the Agreement term, Funds allocated for the Agreement were used for the unplanned removal of dead trees at City parks and additional funds are necessary to pay for the ongoing maintenance and trimming of City trees. In addition, the City requires additional tree maintenance services on a moving forward basis. The Parties therefore agree: 1, Section 2a, COMPENSATION, is revised to approve the following: A. Compensation for Term October 2, 2018 to June 30,2019: Increase the annual not to exceed amount of $1,082,516.00 by $248,251.60 for a revised not to exceed annual amount of $1,330,767.60.00. Specifically as to the $248,251.60 increase, $130,000 will be used for on-going maintenance and tree -trimming services for the Parks, Recreation, and Community Services Agency ("PRCSA"), $10,000 for tree maintenance in the Civic Center area, and $108,251.60 (a 10% contingency) for unforeseen circumstances will may arise and require tree maintenance, tree -trimming, tree removal, or like services, B. Compensation for Optional Second Two -Year Renewal July 1 2019 to June 3 2021: Increase the annual not to exceed amount of $1,082,516.00 by $108,251,60 for tree trimming and maintenance costs for the Public Works Agency, which constitutes a 10% contingency amount of the original agreement cost. The new not to exceed amount is $1,190,767.60. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in fall force and effect. Page 1 of 2 25A-5 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: gaUkOj k . �YLL. LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL RALPH J. NUNEZ Interim Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: [First Amendment -Agreement with West Coast Arborists] Page 2 of 2 25A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: AUTHORIZE AGREEMENT FOR TENANT GOODWILL COMPENSATION FOR BRISTOL STREET IMPROVEMENTS PROJECT - PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER CLERK OF COUNCIL USE ONLY: FTIT051-007iTol ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement for compensation for loss of business goodwill related to the full real property acquisition listed below from the following property owner, subject to nonsubstantive changes approved by the City Manager and City Attorney: Property commonly known as / Related Loss of Business Business Owner Assessor's Parcel Number Acquisition Goodwill Compensation Khaled H. Jawhary dba Advantage 1111 North Bristol Street Unit D Full $163,000 Auto Insurance APN 405-274-10 (Nov. 2016) DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2019 and construction is anticipated to begin in summer 2019. Property acquisitions on Bristol Street (Exhibit 1) were necessary to accommodate the improvements and widening for Phase 3A. The business owned by Kahled H. Jawhary has relocated and has already been compensated by the City for its tenant -owned improvements and movable items. The business owner is now seeking compensation for loss of business goodwill that it alleges has been experienced as a result of displacement. No claim for business goodwill 25B-1 Tenant Goodwill Compensation Bristol Street Improvement Phase 3A October 2, 2018 Page 2 was made at the time of relocation; however, this claim does fall within the three year statute of limitations period allowed. The City utilized an independent licensed business goodwill appraiser to determine the loss of goodwill value and both parties have agreed to compensation in the amount of $163,000 as a full and final settlement of all claims, pursuant to 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), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $163,000 are available for expenditure in FY 2018/2019 in the Bristol Street Improvements Project (No. 136792), in the Select Street Construction Fund (Account No. 05917661-66100), subject to nonsubstantive changes. APPRO 'ED AS TO FUNDS AND ACCOUNTS: Fuad S. weiss, PE, PLS Sergio al Executiv Director Acting Executive Director Public W ks Agency Finance and Management Services Agency Exhibits: 1. Location Map 2. Agreement 25B-2 4 (NTS) 10TH STREET 9TH STREET u a S g E D z CIVIC CENTER DR. SUBJECT PRJPEPT!ES -FCOUIRED PROPEPTTES SANTA ANA PWA rua x6r WASHINGTON AVENUE 25B-3 25B-4 AGREEMENT FOR COMPENSATION FOR LOSS OF BUSINESS GOODWILL This Agreement for Compensation for Loss of Business Goodwill ("Agreement") is made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and taws of the State of California ("City") and Khaled H. Jawhary dba Advantage Auto Insurance Brokerage ("Business"). City and Business shall collectively be referred to as the "Parties". RECITALS A. On or about November 2, 2016, through a voluntary sale, City acquired the real property at 1111 North Bristol Street, in the City of Santa Ana, Assessor Parcel No. 405-274-10 ("Property"), for purposes of the Bristol Street Widening Project Phase 3A, resulting in displacement ofthe Business. B. The Business had an interest in the Property as a Lessee but voluntarily ceased operations on or about February 28, 2017 and relocated on or about March 1, 2017. C. The Business has been already been compensated by City for its tenant -owned improvements and movable items and seeks further compensation for loss of goodwill value that it has allegedly suffered as a result of displacement. D. City has agrees{ to provide such compensation based on a study it has had prepared to determine the loss of goodwill value. E. By this Agreement, the parties desire to settle all present, past and future controversies, claims, causes of action or purported causes of action, defenses, and disputes, both real and potential, which the Business may have against City with respect to City's acquisition and use of the Property and any clai n for loss of goodwill. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and mutual covenants set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. RFcrrALs The Recitals are incorporated into and are made a part of this Agreement. The purpose of this Agreement is to resolve, in their entirety, all present, past and future controversies, claims, causes of action or purported causes of action, defenses, and disputes, both real and potential, which the Business may have against City with respect to City's acquisition and use of the Property and any claim for loss of goodwill. Page 1 of 4 EXHIBIT 2 25B-5 2. CONSIDERATION. In consideration of this Agreement, City shall pay to the Business the sum of One Hundred Sixty -Three Thousand Dollars ($ t63,000,00) as a frill and final settlement of all claims by the Business for loss of goodwill as alleged to have been suffered by the Business arising from the acquisition. of the Property. Payment shall be by check made payable to Khaled 1-1. Jawhary Ciba Advantage Auto Insurance Brokerage. d. RELEASE. (a) In further consideration of this Agreement and in recognition of the benefits to be derived therefrom, and except as to the rights, duties and obligations of the Parties asset forth in this Agrvomont, the Business hereby releases, and dilly and finally and forever discharges City, and each of its administrators, assigns, agents; directors, officers, partners, employees, representatives, lawyers, and all persons acting by, through, under, or in conceit with the City or any of them, of and from any and all mamror of actions or causes of action, in law or in equity, suits, debts, liens, liabilities„ claims, demands, and damages of any nature whatsoever, known or unknown, fixed or contingent including, but not limited to severance damages, relocation assistance, relocation benefits, claims for inverse condemnation or unreasonable precondentnation conduct, or any other claims for damages or benefits arising from the acquisition of the Property by the City, existing or as the law may change, including without limitation, claims which the Business may now have against the City arising from or related to the acquisition and use of the Property by the City and any claim for loss of goodwill. (b) Except as otherwise provided in this Agreement, it is the intention of the Parties that this Release shall be effective as a bar to all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and attorneys' fees, of every character and kind, known or unknown, existing or contingent, latent or patent; and in furtherance of such intention, the Business expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH ]'HE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR, 4. NECESSARvACTs. Each Party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 5. AUTHORITY TO SIGN. Each Party warrants that the individuals who have signed this Agreement on behalf of that Party have the legal power, right, and authority to so sign and thereby bind that Party and its Page 2 of 4 r heirs, personal representatives, successors and assigns and any person or entity that may otherwise be entitled to grant the Release. b. ENTIRE AGRrXM ENT; AMENDMENTS. This Agreement is the entire agreement between the Parties concerning the subject matter hereof, and supersedes any prior negotiations, discussions, oral or written communications, or agreements between the Parties. The terms of this Agreement may only be modified or amended by an instrument in writing executed by all Parties. 7. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the taws of the State of California. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California state court in the County of Orange, California. S. No THIRD PARTY 11ENEFICIARIES. The Parties acknowledge that there are no express or implied third party beneficiaries to this Agreement. No person or entity not a signatory hereto shall have any rights or causes of action against any Party hereto as a result of that Party's performance or nonperformance of any obligation hereunder. 9. No PRIOR ASSIGNMENTS. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, actions, or causes of action released pursuant to this Agreement. 10. SUCCESSORS AND ASSIGNS. 'Phis Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, personal representatives, executors, estate, heirs, agents and related entities of the respective Parties. 11. COUNTERPART EXECUTION. This Agreement may be executed in multiple counterparts, eacit of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. This Agreement may be executed on counterpart signature pages and may be signed by fax or scanned email signature. —signatures are next page — Page 3 of 4 25B-7 IN WITNESS WHEREOF, each Party has executed this Agreement on the date which appears next to its/his signature below. Dated: CITY OF SANTA ANA By: Name: Title: Dated: % %�� KHALEDH.JAWHARYdbaADVANTAGE AUTO INSURANCE BROKE GE By: Name;X .()a -Z %i49r r Title:��,� APPROVED AS TO FORM J ��FuiR1 Assistant City Attorney ATTEST Maria D. Huizar Clerk of the Council FOR APPROVAL Fuad S. Sweiss, PE, P Executive Director Public Works Agency Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: APPROVE REQUEST FOR CONSENT FROM C&C DEVELOPMENT COMPANY, LLC AND ORANGE HOUSING DEVELOPMENT CORPORATION TO INCREASE THE PERMANENT LOAN FOR THE DEPOT AT SANTIAGO (STRATEGIC PLAN NO. 4,5) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1W11"WO 1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 approve the request for consent from C&C Development Company, LLC and Orange Housing Development Corporation to increase the permanent loan up to $6,420,000 for the Depot at Santiago. 2. Authorize the City Manager and Clerk of the Council to execute the Junior Lienholder's Consent to a Modification Agreement between Bank of America, N.A, California Community Reinvestment Corporation, and Depot at Santiago, L.P., and any other documents as may be required to increase the permanent loan up to $6,420,000 for the Depot at Santiago, subject to non -substantive changes approved by the City Manager and City Attorney. On August 21, 2018, the City received a request from C&C Development and Orange Housing Development Corporation (collectively the "Developer") for consent to increase their permanent loan at the Depot at Santiago by an amount not to exceed $993,500 (Exhibit 1). The Developer's permanent loan is from the California Community Reinvestment Corporation (CCRC) and it is superior (e.g. in a higher position) to the City's subordinate loan. For this request, the CCRC's permanent loan would increase from $5,426,500 (approved at the project construction closing in 2015) to no more than $6,420,000. To make this project possible, the City provided $3.0 million in financial assistance consisting of $2,634,566 in HOME Investment Partnerships Program funds and $365,434 in Community Development Block Grant Program funds approved by City Council on May 20, 2013. The Housing Authority also provided eight project -based vouchers. The City's $3.0 million is subordinate to the larger permanent loan from CCRC and CCRC requires the City's consent to 25C-1 Request for Consent by C&C Development and Orange Housing Development Corporation October 2, 2018 Page 2 increase the amount of the permanent loan. The Developer is not requesting the City to increase our financial assistance for the project. The reason for the requested consent from the Developer is that over the course of the construction period, the development costs for the project increased by approximately $753,000. The Developer states that the cost increases are primarily due to the following: • Increases in construction costs which have affected the construction industry throughout Southern California; • Increases in indirect costs such as architecture, engineering, and permits and fees costs; and • Increases in financing costs due to extending the construction loan for six additional months due to extensive rain and flooding in Orange County during the Winter months between December 2016 and February 2017. However, the project's current net operating income is able to support a $6.42 million permanent loan, which is $993,000 higher than previously estimated. This increased permanent loan amount is due to increases in the Orange County Area Median Income, which allowed for the 2018 affordable rents to be higher than the affordable rents used to estimate the initial permanent loan amount. The additional permanent loan proceeds would be used to cover the increase in construction costs and/or pay down the deferred Developer Fee amount. Therefore, the Developer is requesting that the City approve a permanent loan amount of up to $6.42 million. To analyze the impact of this request on the City's subordinate $3.0 million loan, the City requested an analysis by Keyser Marston Associates (KMA) (Exhibit 2). To evaluate the Developer's request, KMA analyzed two cash flow scenarios. The first cash flow scenario utilizes the assumptions from the Developer's 2016 pro forma (2016 Financing Assumptions). The second cash flow scenario utilizes current assumptions from the Developer's 2018 pro forma (2018 Financing Assumptions). The following summarizes the pertinent conclusions of the KMA cash flow analyses: 2016 Financing Assumptions The cash flow analysis based on the 2016 financing assumptions can be summarized as follows: • The Deferred Developer Fee is set at $693,000 and is estimated to be repaid by Year 10. • It is estimated that the City will begin to receive residual receipts payments in Year 13. • The residual receipts payments to the City over the 55 -year loan term are estimated as follows: o $4.26 million in nominal dollars; and o $164,000 in net present value dollars. 2018 Financing Assumptions The cash flow analysis based on the 2018 financing assumptions can be summarized as follows: 25C-2 Request for Consent by C&C Development and Orange Housing Development Corporation October 2, 2018 Page 3 • The Deferred Developer Fee is set at $203,000 and is estimated to be repaid by Year 3. • It is estimated that the City will begin to receive residual receipts payments in Year 4. • The residual receipts payments to the City over the 55 -year loan term are estimated as follows: o $6.78 million in nominal dollars; and o $366,000 in net present value dollars. As such, it is anticipated that the City will receive residual receipts payments sooner with the Developer's requested higher permanent loan amount. Furthermore, it is estimated that the residual receipts payments to the City will be higher (in both nominal and net present value terms) under the requested higher permanent loan amount of $6.42 million rather than the $5.43 million permanent loan based on the 2016 financing assumptions. Under certain circumstances, KMA would recommend that the increase in permanent loan proceeds be utilized to pay down the principal balance of the City's loan rather than to pay increases in project costs or to pay down the deferred Developer Fee. However, this Project includes a variety of funding sources which were competitively awarded based on the assumption that the City would provide $3.0 million in financial assistance (9% Low -Income Housing Tax Credits, Affordable Housing and Sustainable Communities, and Mental Health Services Act funds). As such, reducing the City's financial assistance amount could create issues with the lenders of these other funding sources. Thus, KMA recommends that for this project, the increase in permanent loan proceeds be utilized to cover additional project costs or pay down the deferred Developer Fee given that it is estimated to result in higher residual receipts payments to the City. The Developer has agreed to both recommendations. If the request for consent is approved, the City Manager and Clerk of the Council will execute the Junior Lienholder's Consent which is an addendum to the Modification Agreement between Bank of America, N.A, CCRC, and Depot at Santiago, L.P., that will increase the permanent loan for the Depot at Santiago (Exhibit 3) and any related documents. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 4 Fiscal Sustainability, Objective # 1 (maintain a stable, efficient and transparent financial environment) and Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Approval of the new loan structure is projected to result in the City's ability to begin to receive residual receipts payments sooner during the repayment period and an overall higher repayment total (in both nominal and net present value terms). Over the 55 -year repayment period, the estimated revenue amounts are shown below: 25C-3 Request for Consent by C&C Development and Orange Housing Development Corporation October 2, 2018 Page 4 Program Original Loan New Loan Revenue Accounts Re a ment Structure Repayment Structure HOME $3,738,224.34 $5,958,325.68 13018002-56900 13018002-56901 CDBG $ 518,519.66 $ 826,464.32 13518002-56900 13518002-56901 Residual Receipts Total $4,256,744.00 $6,784,790.00 Steven A Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal Acting Executive Director Finance and Management Services Agency Exhibits: 1. Request for Consent from C&C Development 2. Financial Analysis by Keyser Marston Associates 3. Modification Agreement 25C-4 oevciavrenNrrorznaxarinw Impreviuq the Quality of life August 21, 2018 Mr. Judson Brown City of Santa Ana 20 Civic Center Plaza, M-26 Santa Ana, CA 92702 EXHIBIT 1 Development Re: Depot at Santiago- 923 N. Santiago Street- Increase to the Permanent Loan Hi Judson, As a follow-up to our recent discussions, we are writing to ask for the City's consent to increase the permanent loan at Depot at Santiago by an amount not to exceed $993,500. Accordingly, the California Community Reinvestment Corporation's (CCRC's) permanent loan would increase from $5,426,500 (approved at the construction closing) to no more than $6,420,000 at conversion. As required by both TCAC and CCRC, the project is being re -underwritten prior to conversion to determine if can still support the loan amount previously approved, or if the loan amount can, or must, be adjusted to satisfy their respective criteria. In this case, because Orange County's Area Median Income (AMI) increased since the construction closing in 2015, the project is able to support a larger loan. Increasing the permanent loan would help to address the following: • Cover additional financing costs incurred for extending the construction loan for six months due to the extensive rain and flooding in Orange County during the winter months of December 2016, January 2017 and February 2017. • Absorb the potential reduction of the limited partner's equity contribution ("Downward Timing Adjuster"), which could be as high as $300,000, due to the construction delay. • Reduce the deferred developer fee by approximately $240,210, which would permit the project to begin making residual receipts payments to the City sooner than originally projected. This request does not result in additional risk or liability to the City. In fact, it will enable residual receipt payments to flow to the City earlier in the life of the project. For your reference, we've attached the most recent conversion pro forma, which reflects the near -final draft cost certification. We have also included a comparison of the anticipated residual receipt cash flow schedules based upon the closing and pre -conversion pro formas. If you have questions, or require additional information, please don't hesitate to contacting us. 25C-5 Sincerely, 7 EXHIBIT 1 Barry Cottle Eunice Bobert C&C Development Orange Housing Development Corporation Attachments: Depot at Santiago Pre -Conversion Pro Forma Residual Receipt Comparison Page 2 of 2 25C-6 EXHIBIT 2 ).r.0310)" , �.. EYSER M ASTON IiSSOCIATES., ADVISORS IN PIJ&LIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM ADVISORS IN: Real Estate To: Judson Brown, Housing Division Manager Affordable Housing Economic Development City of Santa Ana BERKELEY From: Kathleen Head eyser A. JerryyKeyser Timothy C. Kelly Tim Bretz Debbie M. Kern David Doezema Date: September 7, 2018 LOSANGeLES Kathleen H. Head James A. Rabe Gregory D. Soo -Hoo Subject: Depot at Santiago: Permanent Loan Analysis Kevin E. Engstrom Julie L. Romey SAN DIEGO Paul C. Marra At your request, Keyser Marston Associates, Inc. (KMA) has completed a review of the submittal from C&C Development Company, LLC and Orange Housing Development Corporation (collectively "Developer") to increase the permanent loan for the Depot at Santiago (Project). The following is a summary of our analysis: BACKGROUND The Developer has been working with the City of Santa Ana (City) over the past several years to develop the Project. Prior to the start of construction in 2016, the Developer submitted a pro forma for the Project, which identified $36.64 million in total development costs. The Developer estimated that the Project's net operating income (NO]) could support a $5.43 million permanent loan. In addition to a variety of other funding sources, the City agreed to provide $3.0 million in financial assistance to the Project. Over the course of the construction period, the development costs have increased by approximately $753,000. The Developer states that the cost increases are primarily due to the following: 500 SOUTH GRAND AVENUE, SU ITE 1480, LOS ANGELES, CALIFORNIA 90071r PHONE 213.622.8095 W W W.KEYSERMARSTON.COM 25C-7 1809002:SA:TRB 19090.017.006 Judson Brown, City of Santa Ana EXHIBIT 2 September 7, 2018 Depot at Santiago: Permanent Loan Analysis Page 2 1. Increases in construction costs which have affected the construction industry throughout Southern California; Increases in indirect costs such as architecture, engineering, and permits and fees costs; and 3. Increases in financing costs due to extending the construction loan for six additional months due to extensive rain and flooding in Orange County during the Winter months between December 2016 and February 2017. However, the Project's current net operating income (NO]) is able to support a $6.42 million permanent loan, which is $993,000 higher than previously estimated. This increased permanent loan amount is due to increases in the Orange County Area Median Income, which allowed for the 2018 affordable rents to be higher than the affordable rents used to estimate the initial permanent loan amount. The additional permanent loan proceeds will be used to cover the increase in construction costs and/or pay down the deferred Developer Fee amount. As such, the Developer is requesting that the City approve a permanent loan amount of up to $6.42 million. CASH FLOW ANALYSES To evaluate the Developer's request, KMA analyzed two cash flow scenarios. The first cash flow scenario utilizes the assumptions from the Developer's 2016 pro forma (2016 Financing Assumptions). The second cash flow scenario utilizes current assumptions from the Developer's 2018 pro forma (2018 Financing Assumptions). The following summarizes the pertinent conclusions of the KMA cash flow analyses: 2016 Financing Assumptions The cash flow analysis based on the 2016 financing assumptions can be summarized as follows: 1. The Deferred Developer Fee is set at $693,000 and is estimated to be repaid by Year 10. 1809002:SA:TRB 19090.017.006 25C-8 Judson Brown, City of Santa Ana EXHIBIT 2 September 7, 2018 Depot at Santiago: Permanent Loan Analysis Page 3 2. It is estimated that the City will begin to receive residual receipts payments in Year 13. 3. The residual receipts payments to the City over the 55 -year loan term are estimated as follows: a. $4.26 million in nominal dollars; and b. $164,000 in net present value dollars. 2018 Financing Assumptions The cash flow analysis based on the 2018 financing assumptions can be summarized as follows: 1. The Deferred Developer Fee is set at $203,000 and is estimated to be repaid by Year 3. 2. It is estimated that the City will begin to receive residual receipts payments in Year 4. 3. The residual receipts payments to the City over the 55 -year loan term are estimated as follows: a. $6.78 million in nominal dollars; and b. $366,000 in net present value dollars. As such, it is anticipated that the City will receive residual receipts payments sooner than previously estimated using the 2018 financing assumptions. Furthermore, it is estimated that the residual receipts payments to the City will be higher (in both nominal and net present value terms) under the requested higher permanent loan amount of $6.42 million rather than the $5.43 million permanent loan based on the 2016 financing assumptions. 25C-9 1809002:SA:TRB 19090.017.006 EXHIBIT 2 Judson Brown, City of Santa Ana September 7, 2018 Depot at Santiago: Permanent Loan Analysis Page 4 RECOMMENDATION It is important to note that under certain circumstances, KMA would recommend that the increase in permanent loan proceeds be utilized to pay down the principal balance of the City's loan rather than to pay increases in project costs or to pay down the deferred Developer Fee. However, this Project includes a variety of funding sources which were competitively awarded based on the assumption that the City would provide $3.0 million in financial assistance (9% Tax Credits and Affordable Housing and Sustainable Communities (AHSC) funds). As such, reducing the City's financial assistance amount could create issues with the lenders of these funding sources. Thus, KMA recommends that for this Project, the increase in permanent loan proceeds be utilized to cover additional Project costs or pay down the deferred Developer Fee given that it is estimated to result in higher residual receipts payments to the City. 25C-10 1809002:SA:TRB 19090.017.006 w m F m om w,00 n oo N Im oom.=sol 0 0 0 0 0 mai ai avim+mi4 Il n b n ry n 0 0 • o o n m a a 0 0 of o o O o o W m N n 000 O M O O M V m m n N OF N Un Un N n ry w m v m n w m m n o m m 1p Ih l6 Ki N N 'C W 4 L OO N 1O OI w O O V T N .Ili 1vl N 1 m m� � rvN1 m m � 0. 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M 'i ro le e N CO e -I m M m N N M M m N M M a m b K N m K K b N m N O m 1 O O m OJ M M W V m O O O] N b M m M W a m N N O O O m 1O m 1D N M M ti N O N N O M N m N M V tp' ae oS ti N m O W m a Om rvi ro ri N OO vt d' M m m to ti d' m V O M rl Oi M ae m V V N �p W N 'i OJ O Ili rl m lO N N m m I N N N a m K N m i/1 K E n 25C-20 N � y v v c i E « a v 'm � v �� o v m i o H v v o m 0 1 ` iv C O 'p V aA � i c v a o v s v« v v ry O c v o � 0 � v a E a A 25C-21 T a N n m m m o O m o tO O m o m O] p [0 N rl rl 0 1!1 m N o 0 0 0 N Q m M M dm' ,N -I n W Y1 pl N 1� m y fl ry n 0 0 N 01 Levt N 1!1 m N N rl O N O m l0 m V M O N V m e N n ry O n N N W n m m m CO O N CO M IO ei O rl Q N � w a m Ui l9 V! i/} Vf 1I1 m N lO O n Q N t0 O M N W a V O O M1m V Q O 1y�� W a r V O N N tNO ^ mn m 0m N ON m V N.6 emi ONl m N m ID �p IG m m M ONi N r n ttlp O 001 emi V ty? V! N VV 1 O O a a O 88 N T N b n W N M p 0] Y01 Oml O� ON1 IMG emi m q n W t0 n Q O N N ei M1 m n a vl N n M M m M n '-I VI 0] N t0 N 0 N ID M O b m M N O N Q M y Y O N N ei lV N N M N N n Q M tli V! M N m 1R N i? tR N V� VIilF 1/} LF rl lG O m W N N n 0 H n o w 0 00 N n O N n w N n 1G O l0 N n V1 N O W ei vl Q rl 16 L6 ttl v1 eti 0n1 'i n n 0 O n N M O W q M Ifl N D N m M m m tl V M m N N y a G N 1 N N N M N ei I� VV VY nM'1 N iR Ym! N rQ'I Yf +/R iIF LY UI a nn m m O O NW ING MOQ mti O mN O v) vl N Oi O V N .y V1 % N 'i 01 Oi 0 O O M M N Of N N Q n ON O O m 0 ®� � Mra N Nm Ir tMOGi aV V m OI V V1 N ON VY IR 4} iI! n O OJ O Q n O O 00 O w 00] w w O O N m m w m w m O m m �G m 0 N 0 O n O m m N t0 wm M m Q IG lG N O m m m a CO Po m W O_ N n T M 0] m m Q N Q N q Gl rvl ry� 10 Ot N O w N Vl d'' N ul Oi m N I m N m N n N N Q N N N N m N O n IO 0 N ei IO N M M y W rl m 'i rl N n a M M N L? i/n iIF ei N Q IG N OJ o O O O tG w m OJ 'I ri O O v) �G ei O m CO 0 a n m Q M m t0 O w O o N N M M N ey M rl m N lO O m N m t0 e -I OJ M 0 o n rl m N N m M N m N IG C OJ ttl Q ei O N I� C N N tb m n m N m W m N 'I ei m M Ip 'tl' W ei N N 4n M M ti m h Q V tDW N m O O V O N N w M M O O Q m N M Q OI N V1 N O N tG V l0 O O W O m n N Q a Q m O O Q N q m W t0 O N V W m W O N M m a Q M O m l0 m `ry .i N N rl m m N N n rl rtl '-I Vl I� Vl y m N m Q O N W M N O m O N m N N ei W 4O N a W M N r .-i E a A 25C-21 T a .1 v i u o v c N V v g v � E o J p p w I N N T v O N K W O T i s a E v v N o m a v ) v e o a ) � w a m Ui l9 N FM - W X W w a r O 6 � O Q e r C a � z y Z Z N a <(ai 3 i a LL LL W Fa q 25C-22 N .4 a n OJ OJ b a m ofm b of b 0 0 0 m - m M m lO O1 O1 N M a N l0 b 'I al �D l0 M a O O O O b M M N N M Vf rl 1!1 r'I O P m O P N M O O v W b OO N O N N v + lV O ry M M M N 1!1 b M 'i M lO V b V1 M O O N N W m I!1 M W b P O N M iIF O N W M w v E v > a E E w J v in � ❑ E u' v r m g � v a 0 = ry vYi Vv m m m oN M N W w Om MN' S n n n n N M M a W OO OO rvl O M Oai �+1' N Vl V W W P m Omi M C V V M N n mmmpp o a a mm $ a co �0 a m o pn Y N N m N' Ili N H +i+ +00s vni. +Nin w umi. of o o N W N N I(1 N O rl b O n O N V V C `m o N m a N � a v m n 1 `� � � � e � m c � �n m N P n pp � vi. 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N � � N V1 1/V 1A V} M O ob P O P P O O O M Cp C N 0 S T M M M N n P N y Wyem-I O N N N m O r p r M CIL M M b O Omi P ry W b a ImYI 11N'1 "b'I e'I MM V i/F 1In N Vn n N OJ w m pJ m 0� O 0 m O M m 00 b N N o n o 0 0 0 o 0 0 m M m Ol M P w 0 m M 3 b m N m a m n 1 1 W b .i 'i m 6 ai o o . m ri m 1!1 vl N N O m m I N N m a m m m N s o o N +n vmi Lam} vPi. vNi Fa q 25C-22 N .4 � U O c y a } E V D C U 5 E o n v E E o v u m H o v w o u o v + lV O pcp o ti u v o a � 0 O D T W a w v E v > a E E w J v in � ❑ E u' v r m g � v a 0 = ry vYi Vv E c 25C-23 n ei � O O I � j O � a c w M O W ONOHO o v N N W N E o w M N o v N M eN1 jp aM�N OI N a Ol l0 d Ip l0 M O M N N � M M o r1 O n y N a rl N Vl n W f0 W n N VF rl M m n va'i l9 � v d OJ 0] tO O N 40 M r Q 'i ei O ti N O O M M m n N n N m a r Ol n NO m `� N Ill N N Ol N O W W n N OJ N N m N n m O] N n n n N N T OI N O Ip 0 N N M b O a a� a O a N N tC 1Olf� 01 Oi N O NODI M ei N d T m rri ri ry VY Vh V� VY 1/t 1/t N i/1 L! 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EXHIBIT 3 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT (this "Agreement") is made and entered into as of October_, 2018, by and among BANK OF AMERICA, N.A., a national banking association ("Bank"), CALIFORNIA COMMUNITY REINVESTMENT CORPORATION, a California nonprofit public benefit corporation ("CCRC"), and DEPOT AT SANTIAGO, L.P., a California limited partnership ("Borrower"). RECITALS: A. Reference is made to that certain Construction and Permanent Loan Agreement (Affordable Housing — California) executed by Borrower and Bank, dated as of March 1, 2016, as amended by (i) that certain Loan Modification Agreement dated August 9, 2017 by and among Borrower, Bank and Guarantor, (ii) that certain Second Loan Modification Agreement dated November 1, 2017 by and among Borrower, Bank and Guarantor, and (iii) that certain Third Loan Modification Agreement dated March 9, 2018 by and among Borrower, Bank and Guarantor (collectively, the "Loan Agreement"), pursuant to which Bank agreed to lend to Borrower the total principal amount of $27,295,270.00 (the "Loan"), for the purpose of financing the construction of certain Improvements on the Land. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement. B. The obligation of Borrower to repay the Loan is evidenced by that certain Promissory Note Secured by Deed of Trust (Construction Loan Converting to Term Loan) dated as of March 1, 2016, made by Borrower to the order of Bank in the original principal amount of $27,295,270, as amended by that certain First Amendment to Promissory Note dated May 30, 2018 (collectively, with all modifications, extensions, renewals and replacements thereof, the "Note"). The obligations of Borrower under the Loan Agreement and the Note are secured by that certain Construction and Permanent Deed of Trust with Assignment of Leases and Rents, Security Agreement, and Fixture Filing (the "Original Deed of Trust") dated as of March 1, 2016, and recorded March 16, 2016 as Instrument No. 2016000109369 in the Official Records of Orange County, California (the "Official Records"), executed by Borrower, as trustor, for the benefit of Bank, encumbering Borrower's fee interest in and to the Land (as more fully described on Exhibit A attached hereto) and interest in and to the Improvements and other personal property described therein. The Original Deed of Trust was amended by that certain First Amendment to Deed of Trust and Loan Documents (the "First Amendment of Deed of Trust") dated as of May 30, 2018, and recorded June 19, 2018 as Instrument No. 2018000224307 in the Official Records, The Original Deed of Trust and the First Amendment of Deed of Trust are, collectively, referred to herein as the "Deed of Trust." The obligations of Borrower under the Loan Agreement and the Note are also secured by other collateral, as more fully explained in the Loan Agreement. This Agreement, the Loan Agreement, the Note and the Deed of Trust, together with all of their exhibits, and all other documents which evidence, guaranty, secure, or otherwise pertain to the Loan are herein collectively referred to as the "Loan Documents." C. Upon the satisfaction of those certain Conversion Conditions more fully set forth in that certain Loan Purchase Agreement dated as of March 1, 2016, executed by and among Bank, CCRC and Borrower, as amended by that certain First Amendment to Loan Purchase Agreement dated as of March 6, 2018, and that certain Second Amendment to Loan Purchase Agreement dated as of May 30, 2018 (collectively, the "Loan Purchase Agreement"), CCRC agreed to purchase the Loan on the Conversion Date for an amount not to exceed $5,426,500.00 (the "CCRC Purchase Price"), take assignment of the Loan Documents, and convert the Loan to a term loan. D. Borrower has requested an increase in the CCRC Purchase Price from CCRC, and CCRC has agreed to an increase up to $6,420,000.00, subject to modification of the Loan Documents in accordance with the terms of this Agreement. E. Bank, CCRC and Borrower wish to enter into this Agreement in order to amend the Loan Documents in order to increase the CCRC Purchase Price and modify certain of the other terms thereof in accordance with CCRC's requirements. 25C-25 NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Bank, CCRC and Borrower agree as follows: 1. Incorooration of Recitals. The foregoing Recitals are hereby incorporated into this Agreement by this reference. 2. Amendment of Loan Purchase Agreement. As among CCRC, Bank and Borrower, the terms, conditions and covenants of the Loan Purchase Agreement are hereby amended as follows: (a) Recital F. Recital F of the Loan Purchase Agreement is hereby deleted in its entirety and the following is substituted therefor: "F. Pursuant to the terms and conditions of this Agreement, upon satisfaction of the Conversion Conditions set forth in Article 3 and any other conditions herein, CCRC has agreed to purchase the Bank Loan from Bank in the principal amount of $ [not to exceed $6,420,000] or such lesser amount as required by the terms hereof. The terms and conditions of CCRC's purchase of the Bank Loan are set forth in this Agreement. Upon such purchase of the Bank Loan by CCRC (subject to the terms herein), the Bank Loan will, pursuant to its terms, convert into a term loan in an amount not to exceed and No/100th Dollars ($ ) [not to exceed $6,420,000]with a term of thirty-five (35) years (the "Permanent Loan"). If CCRC does not purchase the Bank Loan from Bank for any reason whatsoever, the Bank Loan will become immediately due and payable on the Construction Loan Maturity Date (as defined in the Loan Agreement)." (b) Section 2.1(a). Section 2.1(a) of the Loan Purchase Agreement is hereby deleted in its entirety and the following is substituted therefor: "(a) CCRC Purchase Price. Provided that all of the Conversion Conditions set forth in Article 3 and Exhibit G of this Agreement are satisfied, CCRC shall purchase the Bank Loan at par, in the maximum principal amount of $ [not to exceed $6,420,000] (the "CCRC Purchase Price'), on the Conversion Date, subject to adjustment as provided in Section 2.1(b) below; provided, however, that at Conversion, the Permanent Loan shall not exceed eighty percent (80%) of CCRC's appraised Project Market Value as Stabilized Subject to Restricted Rents Including the Project Based Subsidy Rents (Section 8 Value). On or before the Conversion Date, Borrower shall have made all such payments of principal and interest on the Note, such that the principal amount outstanding together with any accrued unpaid interest with respect to the Permanent Loan as of the Conversion Date does not exceed the CCRC Purchase Price." (c) Section 4.1. Section 4.1 of the Loan Purchase Agreement is hereby deleted in its entirety and the following is substituted therefor: "4.1 Time of Conversion. The closing of the sale of the Bank Loan by Bank to CCRC and the recordation of the Assignment and Assumption (the "Conversion"), shall occur on or before a date no later than five (5) business days following satisfaction of all of the conditions set forth in Article 3 of this Agreement (such date, the "Conversion Date"). The precise date and time of the Conversion Date shall be mutually determined by Bank, CCRC and Borrower; provided, however, the Conversion Date shall not occur later than December 1, 2018 (the "Termination Date"), unless extended pursuant to the mutual agreement of Bank and CCRC. In the event the Conversion Date has not occurred by the Termination Date as a result of the failure of Borrower or Bank to satisfy any condition for the benefit of CCRC set forth in this Agreement, then Bank and CCRC shall have the right, each in its sole and absolute discretion, to terminate this Agreement." 25C-26 EXHIBIT 3 3. Amendment of Note. As between Bank and Borrower (and CCRC as successor to Bank), the terms, conditions and covenants of the Note are hereby amended as follows: (a) Section 2.1. Section 2.1 of the Note is hereby deleted in its entirety and the following is substituted therefor: "Construction Loan Maturity Date. All principal and all accrued and unpaid interest and other sums due hereunder shall be due and payable on December 1, 2018 (the "Construction Loan Maturity Date"), subject to extension as provided in Section 2.2. The period from the date of recordation of the Deed of Trust through the Construction Loan Maturity Date is herein referred to as the 'Construction Loan Period."' (b) Section 4.2. Section 4.2(a) of the Note is hereby deleted in its entirety and the following is substituted therefor: "(a) The "Term Loan Interest Rate' shall be the applicable interest rate accruing on this Note during the Term Loan Period determined in accordance with this Section 4.2. For the period of time commencing with the Conversion Date and thereafter until the date that is one hundred eighty (180) months from the Conversion Date (the "Term Loan Interest Rate Reset Date"), the outstanding principal balance of this Note shall bear interest at a fixed interest rate of percent (_%) per annum (the "Initial Term Loan Interest Rate")." (c) Section 6.2(a). Section 6.2(a) of the Note is hereby deleted in its entirety and the following is substituted therefore: "(a) No Prepayment Fee Periods. Borrower may prepay all or a part of the Loan without fee or premium at any time prior to the Conversion Date. Notwithstanding anything to the contrary set forth above, Borrower may prepay the principal balance of this Note prior to the Conversion Date, without fee, premium or penalty, provided that: (a) no prepayment may be made which in Bank's judgment would contravene or prejudice funding under any applicable permanent loan commitment or tri - party agreement or the like; (b) Bank shall have actually received from Borrower prior written notice of (i) Borrower's intent to prepay, (ii) the amount of principal which will be prepaid (the "Prepaid Principal"), and (iii) no prepayment may be made which would reduce the principal balance of the Loan to an amount which is less than [$6,420,000] (unless such prepayment is made in order to satisfy the requirements under Section 2.1(b) of the Loan Purchase Agreement and Borrower, concurrent with such prepayment to Bank, delivers to CCRC any "Delivery Assurance Fee" required under the Delivery Assurance Note or the Loan Purchase Agreement) or such lesser amount of the CCRC Purchase Price as may be required to satisfy Section 2.1(b) be permitted pursuant to the terms of the Loan Purchase Agreement. If this Note is prepaid in full, any commitment of Bank for further advances shall automatically terminate." 4. Amendment of Loan Agreement. As between Bank and Borrower (and CCRC as successor to Bank), the terms, conditions and covenants of the Loan Agreement are hereby amended as follows: (a) Recital D. Recital D of the Loan Agreement is hereby deleted in its entirety and the following is substituted therefore: "The Loan is due and payable on December 1, 2018, unless further extended pursuant to the terms hereof (the "Construction Loan Maturity Date"), However, if prior to the Construction Loan Maturity Date, Borrower satisfies all "Conversion Conditions" contained 25C-27 EXHIBIT 3 in that certain Loan Purchase Agreement of even date herewith by and among Borrower, Lender and CCRC, as amended to date, CCRC will purchase the Loan and the Loan will convert to a term loan not to exceed the principal amount of and No/100th Dollars ($ ) [not to exceed $6,420,000] (the "Term Loan Amount") on the Conversion Date, and Borrower shall repay the Loan in monthly amortized principal and interest payments with a balloon payment due at maturity, on terms and conditions as more fully set forth in the Note. Once converted, the Loan shall have a term of approximately eighteen (18) years, and maturing on the Term Loan Maturity Date (as defined in the Note)." 5. Amendment to Loan Documents. Any reference to the Permanent Loan, the Permanent Loan Amount, the CCRC Purchase Price, the Term Loan Amount or any other reference generally to the amount of the Loan on or after the Conversion Date in any of the Loan Documents or other documents related thereto, is hereby amended, modified and revised to refer to $ [not to exceed $6,420,000] as the amount thereof. 6. Modification Fee. As consideration for CCRC's agreement to enter into this Agreement and the modifications to the Loan Documents contemplated herein, Borrower shall pay to CCRC a modification fee equal to $ .00 on or prior to the date of execution of this Amendment. 7. Further Assurances. Upon CCRC's or Bank's request and at Borrower's sole cost and expense, Borrower shall execute, acknowledge and deliver any other amendments, modifications or instruments and perform any other acts necessary, desirable or proper, as reasonably determined by CCRC or Bank, to carry out the purposes of this Agreement. 8. Attorneys' Fees and Costs. Borrower shall reimburse CCRC and Bank for their reasonable attorneys' fees and costs actually incurred in connection with the preparation, review, execution and delivery of this Agreement and of the amendments or modifications of the Loan Agreement, the Note and the Loan Documents, if any, related hereto, to be payable concurrently with or prior to the execution of this Agreement. 9. Ratification. Except as expressly modified herein, the Loan Documents remain unmodified and in full force and effect and the parties ratify and confirm the terms thereof as modified by this Agreement. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 25C-28 EXHIBIT 3 IN WITNESS WHEREOF, this Agreement is hereby made as of the date first written above. "Bank" BANK OF AMERICA, N.A., a national banking association By: Name: Title: Signature Page to Modification Agreement S-1 25C-29 "CCRC" CALIFORNIA COMMUNITY REINVESTMENT CORPORATION, a California nonprofit public benefit corporation By: Mary Kaiser, President Signature Page to Modification Agreement S-2 25C-30 EXHIBIT 3 -sorro"e, DEPOT AT SANTIAGO, L.P., a California limited partnership By: OHDC Depot, LLC, a California limited liability company, Its managing general partner By: Orange Housing Development Corporation, a California nonprofit public benefit corporation, its sole member By: Eunice Bobert, Chief Executive Officer By: C&C Depot, LLC,. a California limited liability company, Its administrative general partner By: C&C Development Co., LLC, a California limited liability company, its sale member By: Todd R. Cottle, Trustee of the 2007 Todd R. Cottle and Jennifer N. Cottle Revocable Trust By:r Larry A. Cottle, Trustee of The Cottle Family Trust Dated 3/811887, Member Signature Page to Modification Agreement S-3 EXHIBIT 3 EXHIBIT 3 JUNIOR LIENHOLDER'S CONSENT AND SUBORDINATION AGREEMENT (City Loan) NOTICE: THIS JUNIOR LIENHOLDER CONSENT AND SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY REMAINING SUBJECT TO AND OF A LOWER PRIORITY THAN THE LIEN OF THE DEED OF TRUST AS MODIFIED BY THE FOREGOING MODIFICATION AGREEMENT. The undersigned ("Junior Lienholder") is the owner and holder of a security interest and other interests ("Junior Security Interest") evidenced by that certain City Deed of Trust and Assignment of Rents (923 N. Santiago Street, Santa Ana, California) dated July 11, 2013, recorded on August 9, 2013, as Instrument No. 2013000476764 in the Official Records of Orange County, California (the "Official Records"), together with the other loan documents executed in connection with the Junior Security Interest, which is junior, subordinate and subject to the terms, covenants, conditions and restrictions of the Deed of Trust, other than the Senior Affordability Restrictions (collectively, the "Junior Loan Documents"). Junior Lienholder hereby (a) acknowledges the receipt of the Modification Agreement, (b) consents to the terms and provisions of the Modification Agreement and the transactions described therein, and (c) confirms and acknowledges that the Deed of Trust, as amended by the terms of the Modification Agreement, unconditionally remains a lien or charge on the Property prior and superior to the lien or charge of each of the Junior Loan Documents, other than the Senior Affordability Restrictions, respectively. Junior Lienholder reaffirms that the terms of that certain Subordination Agreement dated March 1, 2016 and recorded March 16, 2016 as Instrument No. 2016000109374 in the Official Records, executed by and among Junior Lienholder, Bank and Borrower (the "City Subordination'), as amended by the Modification Agreement, are in full force and effect with respect to the Loan, Deed of Trust and Loan Documents, as amended to date, which Loan, Deed of Trust and Loan Documents are being assigned to CCRC concurrently herewith pursuant to the terms of the Loan Purchase Agreement. Agreed and Acknowledged: Dated as of: 2018 "JUNIOR LIENHOLDER" ATTEST: Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA, a charter city and municipal corporation 0 Name: Its: Consent to Modification Agreement C-1 25C-32 EXHIBIT 3 JUNIOR LIENHOLDER'S CONSENT AND SUBORDINATION AGREEMENT (MRSA Loan) NOTICE: THIS JUNIOR LIENHOLDER CONSENT AND SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY REMAINING SUBJECT TO AND OF A LOWER PRIORITY THAN THE LIEN OF THE DEED OF TRUST AS MODIFIED BY THE FOREGOING MODIFICATION AGREEMENT. The undersigned ("Junior Lienholder") is the owner and holder of a security interest and other interests ("Junior Security Interest") evidenced by that certain MHSA Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing (Construction/Permanent Financing) CaIHFA Development No. 14- 032-M dated March 1, 2016, recorded on March 16, 2016, as Instrument No. 2016000109372 in the Official Records of Orange County, California (the "Official Records"), together with the other loan documents executed in connection with the Junior Security Interest, which isjunior, subordinate and subject to the terms, covenants, conditions and restrictions of the Deed of Trust (collectively, the "Junior Loan Documents"). Junior Lienholder hereby (a) acknowledges the receipt of the Modification Agreement, (b) consents to the terms and provisions of the Modification Agreement and the transactions described therein, and (c) confirms and acknowledges that the Deed of Trust, as amended by the terms of the Modification Agreement, unconditionally remains a lien or charge on the Property prior and superior to the lien or charge of each of the Junior Loan Documents, respectively. Junior Lienholder reaffirms that the terms of that certain Subordination Agreement dated March 1, 2016 and recorded March 16, 2016 as Instrument No. 2016000109376 in the Official Records, executed by and among Junior Lienholder, Bank and Borrower (the "MHSA Subordination"), as amended by the Modification Agreement, are in full force and effect with respect to the Loan, Deed of Trust and Loan Documents, as amended to date, which Loan, Deed of Trust and Loan Documents are being assigned to CCRC concurrently herewith pursuant to the terms of the Loan Purchase Agreement. Agreed and Acknowledged: Dated as of: .2018 "JUNIOR LIENHOLDER" CALIFORNIA HOUSING FINANCE AGENCY, a public instrumentality and political subdivision of the State of California Name: Its: Consent to Modification Agreement C-2 25C-33 FO:Ta JUNIOR LIENHOLDER'S CONSENT AND SUBORDINATION AGREEMENT (IIG Loan) NOTICE: THIS JUNIOR LIENHOLDER CONSENT AND SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY REMAINING SUBJECT TO AND OF A LOWER PRIORITY THAN THE LIEN OF THE DEED OF TRUST AS MODIFIED BY THE FOREGOING MODIFICATION AGREEMENT. The undersigned ("Junior Lienholder") is the owner and holder of a security interest and other interests ("Junior Security Interest") evidenced by that certain Declaration of Restrictive Covenants for the Development and Operation of Affordable Housing dated March 1, 2016, 2018, recorded on March 16, 2016 as Instrument No. 2016000109373 in the Official Records of Orange County, California (the "Official Records"), together with the other loan documents executed in connection with the Junior Security Interest, which is junior, subordinate and subject to the terms, covenants, conditions and restrictions of the Deed of Trust (collectively, the "Junior Loan Documents"). Junior Lienholder hereby (a) acknowledges the receipt of the Modification Agreement, (b) consents to the terms and provisions of the Modification Agreement and the transactions described therein, and (c) confirms and acknowledges that the Deed of Trust, as amended by the terms of the Modification Agreement, unconditionally remains a lien or charge on the Property prior and superior to the lien or charge of each of the Junior Loan Documents, respectively. Junior Lienholder reaffirms that the terms of that certain Subordination Agreement dated March 1, 2016 and recorded March 16, 2016 as Instrument No. 2016000109375 in the Official Records, executed by and among Junior Lienholder, Bank and Borrower (the "IIG Subordination"), as amended by the Modification Agreement, are in full force and effect with respect to the Loan, Deed of Trust and Loan Documents, as amended to date, which Loan, Deed of Trust and Loan Documents are being assigned to CCRC concurrently herewith pursuant to the terms of the Loan Purchase Agreement. Agreed and Acknowledged: Dated as of: 2018 "JUNIOR LIENHOLDER" DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, a public agency of the State of California By: Name: Its: Consent to Modification Agreement C-3 25C-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: ADOPT A RESOLUTION IMPLEMENTING AN EMPLOYEE REFERRAL INCENTIVE PROGRAM TO ENHANCE POLICE OFFICER RECRUITMENT EFFORTS {STRATEGIC PLAN NO.1.1.1} 1 � � CIWJAANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:• -91 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to implement an employee referral incentive program to enhance police officer recruitment efforts. DISCUSSION Recruitment and hiring challenges continue to plague law enforcement agencies across the United States. Like many local law enforcement agencies across the country, the Santa Ana Police Department is experiencing a diminished pool of well-qualified police officer candidates. Several factors affect a police officer candidate's ability to successfully complete all components of the hiring process, including physical fitness level, writing ability, disqualifying behaviors, and previous employment history and performance. In addition, the law enforcement job market is saturated with available career opportunities and prospective candidates are often solicited by multiple agencies in an attempt to fill staffing vacancies. The inability to recruit police officers continues to be of significant concern throughout the nation. In response, agencies across the country are offering hiring incentives in order to attract both experienced officers and the most qualified police recruit applicants. In order to ascertain the prevalence and content of these types of employment incentives, Santa Ana Police Department personnel conducted a survey of 181 California law enforcement agencies. Following this research, Police Department staff met with staff from Human Resources to discuss the development of a hiring incentive program that would best meet the needs of the Santa Ana Police Department. As a result, the Police Department and Human Resources Agency are recommending the implementation of an Employee Referral Incentive Program for City employees who refer successful police officer candidates. 55A-1 Resolution — Police Department Hiring Incentives October 2, 2018 Page 2 The Employee Referral Incentive Program will provide a $1,000 incentive to City employees who refer successful candidates to the Police Department. The applicant must list the referring employee on his/her application for employment. Most full-time and part-time City employees will be eligible. Employees working for City Human Resources, PD Human Resources, or are assigned to Police Officer recruitment efforts are not eligible. The City employee will receive $1,000 when the Police Officer successfully completes the Santa Ana Police Department's Field Training Program. This resolution authorizes the City Manager to implement an Employee Referral Incentive Program for a one-year period in the amount of $ 25,000 per fiscal year. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic/pedestrian/bicycle safety.), Strategy I (Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals). FISCAL IMPACT Funding for this program in the amount of $25,000 is available in the Police Department's FY 2018- 19 Field Operations Salaries Regular account (no. 01114420 61000). N, Steven PhanV Executive Director Human Resources Agency a Valentin Chief of Police Santa Ana Police Department Exhibit: 1. Resolution AS TO FUNDS AND ACCOUNTS: Sergio Vidal Acting Executive Director u,"L(O"PO) Finance and Management Services Agency 55A-2 TB 10/4/2018 RESOLUTION NO. 2018-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN EMPLOYEE REFERRAL INCENTIVE PROGRAM FOR A ONE YEAR PERIOD TO ENHANCE POLICE OFFICER RECRUITMENT EFFORTS 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 asfollows: A. The Santa Ana Police Department, like many other local law enforcement agencies throughout the nation, is experiencing a diminished pool of well- qualified police officer candidates. B. The Santa Ana Police Department reviews multiple factors regarding a police officer candidate's ability to successfully complete all components of the hiring process, including physical fitness level, writing ability, disqualifying behaviors, and previous employment history and performance. C. The inability to recruit police officers continues to be of significant concern throughout the nation. In response, agencies across the country are offering hiring incentives in order to attract both experienced officers and the most qualified police recruit applicants. D. In order to ascertain the prevalence and content of these types of employment incentives, Santa Ana Police Department personnel conducted a survey of 181 California law enforcement agencies. Following this research, Police Department staff met with staff from Human Resources to discuss the development of a hiring incentive program that would best meet the needs of the Santa Ana Police Department. E. As a result, the Police Department and Human Resources Agency are recommending the implementation of an Employee Referral Incentive Program for current City employees who refer successful police officer candidates. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager to implement an employee referral Incentive program for a one year period Resolution No. 2018-xxx Page 1 of 3 55A-3 to enhance police officer recruitment efforts in the amount of $25,000. Section 3. The employee referral incentive program will be offered to current employees to help recruit police officer candidates by offering a $1,000 applicant referral incentive paid to the current City employee upon the police officer's successful completion of the field training program. No incentive program monies will be paid to the successful police officer from this program. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of October, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R, Carvalho, City Attorney By: y Ta are Bogosian Assistant City Attorney AYES: Councilmembers:_ _ NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 55A-4 Resolution No. 2018-xxx Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. MUIZAR, 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 October 2, 2018. Clerk of the Council City of Santa Ana Resolution No. 2018-xxx Page 3 of 3 55A-5 y REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2018 TITLE: PUBLIC HEARING - CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (STRATEGIC PLAN NO 4, 1) EMEWI'll9— RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 22, 2018, by a vote of 5:0 (Cano, Santana and Urzua absent), the Community Redevelopment and Housing Commission recommended that the City Council authorize submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. DISCUSSION On September 18, 2018, the City Council continued this item providing staff with an opportunity to meet with Mayor Pro Tem Martinez to discuss concerns with the Consolidated Annual Performance and Evaluation Report. Staff met with Mayor Pro Tem Martinez on September 20 where she requested additional comments be added to the staff report. The staff report has been revised to highlight more of the accomplishments. The Consolidated Annual Performance and Evaluation Report (CAPER) is part of the Consolidated Plan process that includes the Consolidated Five -Year Plan. The CAPER and Five Year Plan are comprehensive planning and application documents that cover the three entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Five -Year Plan outlines a strategy for using the three grants and other resources to meet community needs as they were identified in the Plan. The three entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). The Five -Year Plan also identifies five-year numeric goals for meeting the identified community needs that Santa Ana will work toward during the period covered. 75A-1 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 2 The CAPER describes the activities and accomplishments for these three federal entitlement grants during Fiscal Year 2017-2018 (Exhibit 1). It also reports the City's successes in achieving the five-year goals and objectives that are established in the Five -Year Plan. Fiscal Year 2017- 2018 is the third year covered by the 2015/16 through 2019/20 Consolidated Five -Year Plan. The following table highlights the accomplishments achieved during Fiscal Year 2017-2018: Activity Accomplishments • Completed the Pacific Electric Community Park, which included a $2.7M investment of CDBG funds towards Santa Ana's newest park. The park features open space for the community that includes native plant gardens, playgrounds, walking space, a fitness area, and gardening beds. • Completed Roosevelt Walker Community Center, which included a $2.11M investment of CDBG funds as a joint -use project with the Capital Santa Ana Unified School District. The site includes a 10,000 sq. ft. Improvements using community center, basketball courts, play equipment, exercise CDBG Program equipment, community garden, parking lot, security lighting, and Funds landscaping. • Completed Madison Residential Street Improvement, which included a $598,053 investment of CDBG funds used to increase accessibility and sustainability of Santa Ana streets. The activity consisted of the replacement of pavement on various residential streets within the City of Santa Ana utilizing a cement treated base process. The activity included construction of asphalt overlay, replacement of concrete curbs, curb ramps, gutter, and sidewalk, at various locations within the City of Santa Ana. • Funded 16 programs and served 3,127 persons including: o Youth services provided by the Illumination Foundation, America on Track, Boys & Girls Club of Santa Ana and OC Children's Therapeutic Arts Center, Neutral Ground, Big Brothers Big Sister of OC, YMCA and Albi included tutoring, education, recreation, fitness, and a classical music program. o Youth and family services provided by the Cambodian Family Public Services and the Delhi Center included tutoring, education, leadership, using CDBG community beautification, parent workshops, and anti -bullying Program Funds workshops. o Criminal Record Expungment and Domestic Violence legal services provided by the Legal Aid Society of Orange County. o Homeless Services provided by WISEPlace included shelter and supportive services to homeless women. o Access to health and social service programs by outreach, education and enrollment, provided by Community Health Initiative of OC. 75A-2 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 3 Other Related and Notable Accomplishments: RFP for Affordable Housing: On June 19, 2018, City Council authorized the Community Development Agency to release a Fiscal Year 2018 — 2019 Request for Proposals seeking proposals to develop affordable rental and ownership project(s) in the City of Santa Ana with funding from the HOME Program, CDBG Program, Project Based Voucher Program, Housing Successor Agency Fund, and Inclusionary Housing Fund. State of Housing for Santa Ana: Discussion & Solutions: On April 23 and 24, 2018, two community meetings were organized by Mayor Pro Tem Martinez, one with the Apartment Association and Property Owners and a second meeting with Residents and Tenants. Staff attended the meetings to present on Affordable Housing and Substandard Housing Solutions as well as to provide an overview of the Proactive Rental Enforcement Program (PREP). Attendees of the Apartment Association and Property Owners meeting included: the Building Industry 75A-3 Completed the Depot at Santiago, which included a City investment of $3M in HOME and CDBG Program funds. This activity involved the construction of 69 affordable units on a 1.34 - acre infill site across from the Santa Ana Regional Transportation Center. The project also includes a 3,000 square -foot community room for the Wooden Floor and ground -level retail space. • Completed the Orchard permanent supportive housing project Housing using which included an investment of $1.2M in HOME Program funds CDBG and HOME and 71 project -based vouchers. This project transformed a Program Funds blighted motel into housing with wrap-around supportive services for chronically homeless individuals, many of whom came straight from the Civic Center. i 179 Rental Units were inspected for building code compliance; 140 New Construction and Rehabilitation units were also inspected. e Completed the last phase of the Habitat for Humanity scattered single-family home project, including five homes sold at affordable prices restricted to income qualified households. • Code Enforcement staff responded to 4,857 complaints covering 3,437 residential properties of which 1,643 were single family residences and 1,794 were multi -family residences within the Code Enforcement CDBG eligible deteriorating and deteriorated areas. using CDBG ! Code Enforcement staff issued 134 Notices of Violation, 183 Notice Program Funds and Orders, and 5,466 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $2,599,522.50 in repairs and upgrades encompassin 451 properties. Homeless Services ' Provided assistance to 1,862 persons through Street Outreach, using ESG Program Homelessness Prevention, Rapid Re -housing and Shelter including Funds 224 Veterans, and 193 children through the Emergency Solutions Grant program. Other Related and Notable Accomplishments: RFP for Affordable Housing: On June 19, 2018, City Council authorized the Community Development Agency to release a Fiscal Year 2018 — 2019 Request for Proposals seeking proposals to develop affordable rental and ownership project(s) in the City of Santa Ana with funding from the HOME Program, CDBG Program, Project Based Voucher Program, Housing Successor Agency Fund, and Inclusionary Housing Fund. State of Housing for Santa Ana: Discussion & Solutions: On April 23 and 24, 2018, two community meetings were organized by Mayor Pro Tem Martinez, one with the Apartment Association and Property Owners and a second meeting with Residents and Tenants. Staff attended the meetings to present on Affordable Housing and Substandard Housing Solutions as well as to provide an overview of the Proactive Rental Enforcement Program (PREP). Attendees of the Apartment Association and Property Owners meeting included: the Building Industry 75A-3 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 4 Association, C&C Development, Vasquez Law Group, Pointe Vista Management, New American Funding, Ogulnick Group, and the OC Realtors Association. The group discussion focused on sharing best practice approaches including: effective property management practices; best practices from other cities to analyze existing policies in place; establishing additional requirements for rental business licenses; and improving code enforcement practices. Attendees of the Resident and Tenant meeting included EI Centro Cultural, C&C Development, the Vasquez Law Group, the Kennedy Commission, SACRED, Illumination Foundation, Mercy House, and Santa Ana Building Healthy Communities. The group discussion focused on potential impacts of the General Plan update; by -right housing; underutilized and vacant land; Prop 291 information; creating templates for Accessory Dwelling Units; and the need to increase supply of housing at all income levels. Veterans Affairs Supportive Housing WASH) Award: In April 2018, HUD awarded one -hundred VASH vouchers for homeless veterans to the Housing Authority of the City of Santa Ana. This supportive housing assistance is provided through the HUD-VASH Program which combines rental assistance from HUD with case management and clinical services provided by the VA. Following a competitive selection process, the 100 HUD-VASH vouchers will provide permanent supportive housing through the Housing First model with wrap-around supportive services for homeless veterans. This award is equal to $1,054,965 per year to provide permanent supportive housing for homeless veterans. Santa Ana was one of only 50 housing authorities awarded these vouchers statewide and one of only 323 agencies nationwide. Affordable Housing Funds Policies and Procedures: On March 20, 2018, City Council adopted Affordable Housing Funds Policies and Procedures to guide how affordable housing funds and land assets available to the City are allocated, committed, loaned and monitored for multi -family affordable housing development. The Policies and Procedures cover funds available through the HOME Program, CDBG Program, Project -Based Voucher Program, Inclusionary Housing Fund and Housing Successor Agency Fund. Homebuyer Down Payment Assistance Loan Program: On March 6, 2018, City Council approved an update to the Homebuyer Down Payment Assistance Loan Program to make the program more accessible to low-income families. The amount of CDBG funds available for low-income families at 80% AMI was doubled from $40,000 to $80,000 and a returning student incentive was established for loan forgiveness every five years for graduates of a local Santa Ana high school. First Street Apartments: On January 16, 2018, the Housing Authority approved a Loan Agreement with AMCAL Multi -Housing, Inc. for $8,522,740 in Housing Successor Agency Funds to develop 69 units of affordable housing at 1440 East First Street. This family community will consist of two, three and four bedroom units for larger families; half of the units will be affordable to households earning 30% of the Area Median Income (AMI). Construction of the project commenced in May. Reallocation of Unspent ESG Program Funds: On November 21, 2017, City Council reallocated $70,475 in FY 16-17 unspent ESG Program funds to Illumination Foundation, WISEPlace and the Santa Ana Police Department HEART Program. The funds were strategically reallocated to more 75A-4 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 5 effectively address the homeless crisis in Santa Ana with particular attention to the Plaza of the Flags. Affordable Housing Projects in the Pipeline Santa Ana Arts Collective — With an investment of $2.7M in HOME and CDBG funds and $5.2M in Inclusionary Housing Funds, this adaptive reuse project will convert an existing office building to 57 affordable residential units designed for artists with ground -floor commercial and community space. Santa Ana Veterans Village — With an investment of $352K in HOME Program funds and 75 HUD-VASH project -based vouchers, this project will create a 62,248 square foot permanent supportive housing development with 75 units restricted to homeless veterans. All residents will receive wrap-around supportive services from the Department of Veterans Affairs and Step Up on Second as the service providers. RHNA Progress: Additional projects in the pipeline include Aqua Housing, an acquisition and demolition of an underutilized, blighted motel to construct 56 units of permanent supportive housing for chronically homeless individuals, and Tiny Tim Plaza, a 51 unit affordable rental project for large families. In total, the City has 308 new affordable units in various stages of development. In regards to Santa Ana's progress to meet its share of the Regional Housing Needs Allocation (RHNA), the City has completed 59% of the overall target for Santa Ana's 405 RHNA units for the planning period of 2014 through 2021. Moreover, the City is on track to exceed its RHNA goals following the completion of Aqua Housing, Veterans Village, First Street Apartments, Tiny Tim Plaza Apartments and the Santa Ana Arts Collective. On -Going Challenges Due to high housing costs, economic conditions and poverty, a significantly large number of low- income residents are not economically self-sufficient. While Santa Ana currently has a total of 2,990 affordable housing units, it is not enough to meet the housing and community development needs. The City's HUD funds alone are not adequate to address all of these needs. Two challenges on the opposite ends of the spectrum include: Homeownership Rising home prices, increased interest rates and stricter lending practices have made the path to first time homeownership very difficult. Many potential homebuyers feel the dream of homeownership is not within reach due to the lack of affordable housing stock and challenging markets. Saving for a required down payment of even 3% of a purchase price, can be a barrier to homeownership due to the limited earned income of local residents. Despite this, the City continues to provide financing to assist Income -qualified Santa Ana residents an opportunity to become first-time homeowners. In fiscal year 2017-2018, four down -payment loan workshops were held, a homeownership fair was held together with NeighborWorks, and seven community outreach meetings were held. The current program is funded through the Inclusionary Housing 75A-5 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 6 Fund and CDBG Program. The Program offers zero percent, deferred payment loans of up to $80,000 for low-income households and up to $40,000 for moderate income households. Homelessness While it is recognized that there is not one complete solution to end homelessness or to break the cycle of homelessness, Santa Ana has embraced the model of permanent supportive housing as an effective means to reduce homelessness. While permanent housing is the primary goal for people who are homeless, interim housing is a necessity until the stock of housing affordable to people with extremely low incomes can accommodate the demand. Interim housing should be available to all those who do not have an immediate option for permanent housing, so that no one is forced to sleep on the streets. A significant challenge in the coming year will be working to provide all forms of housing for individuals experiencing homelessness in Santa Ana and in addressing NIMBYism (Not In My BackYard). Neighborhood resistance to new development, especially homeless shelters poses a significant barrier. Looking Forward Looking to the future, partnerships will continue to be central to the City's ability to meet community housing goals, with the potential need for new forms of partnerships as well as new funding models. With new one-time Homeless Emergency Aid Program grant funding provided by the State of California and a new revenue stream from SB 2 funding, the City looks forward to implementing new solutions to reduce homelessness in Santa Ana. While homelessness issues may be an increasing challenge, Santa Ana has emerged as a leader in Orange County. By continuing to actively participate in collaborative efforts with the County, cities and other stakeholders to increase permanent supportive housing, the City is optimistic in what lies ahead in Orange County. It is essential for the City to continue working towards creating high quality developments that integrate housing for all residents of Santa Ana to create a diverse, inclusive and sustainable city. HUD regulations require that the CAPER be available for a 15 -day public review and comment period prior to its submittal. On August 7, 2018, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News and again on September 1, 2018 in the Orange County Register, indicating that the draft report would be available for review and public comment beginning August 22 through September 18, 2018. The draft CAPER was also available for public review on the City's website. All comments received in written form and at the above-mentioned public hearing will be included in the final document submitted to HUD. Due to the timeframe for submission, the final document may include minor revisions, pending final activity and expenditure reports. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - Fiscal Sustainability, Objective #1 (maintain a stable, efficient and transparent financial environment). The CAPER reports the City's accomplishments and expenditures during the 2017-2018 fiscal year associated with the 75A-6 Consolidated Annual Performance Evaluation Report October 2, 2018 Page 7 following HUD entitlement grants: Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME.) FISCAL IMPACT There is no fiscal impact associated with this action. Steven Me doza Executive Director Community Development Agency Exhibit: 1. Draft Consolidated Annual Performance and Evaluation Report 75A-7 75A-8 EXHBIT 1 L July 11 2017 - June 30, 2011" 75A-9 EXHBIT 1 CITY OF SANTA ANA DRAFT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2017/2018 TABLE OF CONTENTS CR -05 - Goals and Outcomes - 91.520(a)..................................................................................... 1 CR -10 Racial and Ethnic composition of (person/households/families) assisted ........................ 7 CR -15 Resources and Investments 91.520(a).............................................................................. 8 CR -20 Affordable Housing 91.520(b)......................................................................................... 12 CR -25 Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ..................... 14 CR -30 Public Housing 91.220(h); 91.320(1)................................................................................ 17 CR -35 Other actions 91.220(j) -(k); 91.320(i)-(j)......................................................................... 18 CR -40 Monitoring 91.220(d, e); 91.520(c)................................................................................. 21 CR -45 CDBG 91.520(c)............................................................................................................... 23 CR -50 HOME 91.520(d).............................................................................................................. 24 CR -60 ESG Subrecipient Information......................................................................................... 28 CR -65 Persons Assisted ESG 91.520(g)...................................................................................... 32 CR -70 Asslstanoe Provided and-Outcomos ........ --- 35 -- CR -75 Expenditures.................................................................................................................... 36 CitizenParticipation....................................................................................................................38 ATTACHMENTS CDBG Activity Summary Report PR03...................................................................... Attachment 1 Program Income Detail Report PR09....................................................................... Attachment 2 ESG Financial Summary Data PR91.......................................................................... Attachment 3 CDBG Financial Summary Report PR26.......................................................................... Attachment 4 Actions to Address Fair Housing...................................................................................... Attachment 5 75A-10 WAMM'711161 CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out Its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City's Consolidated Plan for FY 2015/2016 through FY 2019/2020 identifies high-priority needs with quantifiable outcomes. Our progress to meet these high-priority needs includes the following activities: Affordable Housing Opportunities: Efforts to increase affordable housing oppo�tyinitlKinclude committing HOME Program, CDBG Program, Project -Based Vouchers, Inclusionary Housingf and Hauling Successor Agency funds for new construction and rehabilitation of affordable housing. Prgjects corimpjeted this year include: 1) Completed the Depot at Santiago, which included a City investment I HOMEand CDBG Program funds. This activity involved the construction of 69 affordable units on a 1;34 acre'infill site acros.from the Santa Ana Regional Transportation Center. The project also Includes a 3,0d6squarefoot community_!F&Mffcdta nonprofit organization and ground -level retail space; 21 Cc platedrtl r rchard permanent supportivj, ,hbusing project which included an Investment of $1.2M in HOME Program fundsand 71 profec't. based vouchers. This activity transformed a blighted motel into housing with wrap-around supporbve.services for chronically homeless individuals; 3) Completed the last phase of the H bbittat for Humanity scat4t, red single-family home project, including five homes sold at affordable prices rest"Misted tojincome qualified£ho099holds; 4) Updated the Homebuyer Down Payment Assistance Loan Prograrp t "MaW t . rogramWmore accessible to low-income families. The amount of CDBG funds available for loco incomeM 11ilglat,80%AMI was doubled from $40,000 to $80,000 and a returning student IncetAive was establisAeTior loan T giiveness every five years for graduates of a local Santa Ana high school; Ou )T 76alditlpnal multifaffiily affordable housing projects are in the pipeline and will provide 308 affordable rehtal units and the City is on iTdpkito exceed its RHNA goals for the planning period �itfj+� of 2014 through 2021 Thd'Ca6.iprowdes on going resottYces through the following programs: Owner - Occupied Housing Rehabilitation, Mobile Home Haidsh10 Historic Home and Down Payment Assistance. Additionally, the City!$$ Hdusipg Auto rt /,provides up to 2,699 Housing Choice Vouchers to very -low income households. AV_ Code Enforcement: Community preservatioh efforts continue in deteriorated and deteriorating areas to perserve the Citysaging housing stock. Economic Development CDBG funds were allocated to provide technical support and grants to microenterprise startup businesses This s-0&6' ments the City's economic development efforts that includes workforce development and business attraction and retention. Homeless Activities: Emergency Solutions Grant funding was used to reduce homelessness in the City by funding homeless service providers for homeless prevention, data services, rapid re -housing, shelter and outreach and engagement. ourgoal to reduce homelessness in Santa Ana brought forth several initiatives in FY 17-18 and utilized additional funds beyond ESG. The initiatives included: 1) Developed a new webpage on homelessness; 2) Reallocated unspent FY 16-17 ESG funding in the amount of approximately $70,000 to fund a pilot project to house a dozen individuals residing outdoors in the Civic Center; 3) Hired a new full-time Homeless Services OMB Control No: 2506-0117(exp. 06/30/2018) CAPER 75A-11 1 EXHBIT 1 Manager; 4) Created an inter -departmental committee on homelessness; 5) Dedicated a full-time police officer to homeless outreach; and 6) Developed a Homeless Services Plan. Public Facilities/Infrastructure: Efforts targeted at Improving public infrastructure remain in place. A total of nine capital improvement projects were completed and an additional six are underway, Projects included residential street repaving, park improvements, facility Improvements, and construction of two new parks and a community center. Public Service Programs: The City continued to address the human service needs of=;ttie.communityvia CDBG AVIVU."a public services, Public services funded by the City during the reporting period were ai _15' at assisting low to moderate -Income households. A total of fourteen non -profits received publicservice funds to assist homeless, F:siml.'>iii seniors youth and families through a variety of programs. 5- Y g Y p g __._. UFTN Support of Fair Housing: To affirmatively further Fair Housing, t Fair Housing Council of Orange County to provide fair housin&c to tenants, landlords, property owners, realtors, and proper., :[ via informational booths, presentations, staff trainings and dist literature. Our Housing Authority staff also attended an annual Comparison of the proposed versus actual oufcomes for each yx a y,4� consolidated plan and explain, if applicable, why progC.eess�wa, objectives. 91.520(g) measure, targets, actual goals. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-12 to pray] include oanies. training. funds to the Ing outreach is conducted utcome ieasure submitted with the not made toward meeting goals and for each of the grantee's program year �Mlmlft In m :1 T E' q-Q.� rvi E a °un ! N H n an c P o ti Y � �' Eo O O 00 tl' mt. IA 'sem T N M N P d�• t�D a y V N N fi _ ri 'O Y I jl O Ais -in 00 0 600 W . VI 4Allow.r51fi F a -iaw.. v N •t� `N loll aYll N .Ives N __Vi •h N 7 •. a+ O O O O O 'O Oin., O O P O S S Z 2 � `Z 1_019M `r2 '� S �Q= S S m Q rn��:, o v Y a@ w v Yn cvb, u L C C r E O t OJ E G P,O _=O w O C K u K S S C❑ \ K U O 4-2 F- 60-, G M ri W W W u L.61 ��' m m 2 m W W oO] V� ❑ O ❑ O ❑ O ❑ O ca ❑ O co ❑ O o] A ❑ u 2 U 2 U S U S U S U _. 0/ OJ OJ N v a Gm bn m e m10 o n 'o .� .w a .� 'v .N 'o . 2 E O 0 0 o a ° O O O 7 b m � O a c a i x a ¢= a x° ¢ z° m Z u° a O •� v v v ami ai c m .G a c 0 c a v .G w u 0 • L O L NO OO 'O h O O E2 0 NG c a OO_ aO O0O 0 CL O O 7 O O. ro -O o ew=0 O.< =0a=a u W ay m :1 T I a N � rte„ m ry o p rn 0 W N o m N z OA, N N n ' i rir � � a -_-Q_ -w x 4 a a S x ti! , ,,�0 u e V m ci O a u ,aME Q1 a a •°A a c c m yr d w o E a N O E } O L O E O O s 'b O t` .-' a N al F- z a L 2 G. 0 of x' a 2 2 0 0 OLM h-+s''i- ry � V VT TZ5_ m m ED c v w • v ,� y, v .� iu vii v'^i v`^i .V7 E E O 2 O j E 3 ,e a v v a)aa) a v T E o v x is S E o y o 0 E E E E E e E> E c v e E> c E> O O O O O O p N O O O, O o w O O w 2 2 2 2 2 Z U 0 S Z vi Z U 0 Z U 0 ui s a v a v y v w v e im^ E m nn a u a } v :� > v= u - " > E 7U o G > o ,U o G 5 o ,� u, Yi a`o °° a m a 2 Q S Q 2 Q 75A-14 EXHBIT 1 0 wi O3'.1 l Assess how the Jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. Over the course of the 2017-2018 program year, Santa Ana strategically used housing and community development funds, including CDBG, ESG, and HOME funds, to support affordable housing; support housing developments, renovate and develop community facilities; deliver timely, relevant and effective social services; provide housing -related services including tenant rights counseling, homeownership workshops; deliver services to prevent homelessness; provide shelter and essential social services to homeless assist small businesses. Additionally, CDBG funds were used to support nonprofit_.4 building. The City used the funding from HUD to meet the high priority needs,idew e^; e' " The following lists specific accomplishments for Program Year 2017-2018 add dery meet our community's priority needs: Affordable Housing Opportunities • Rehabbed one single family home and two historic hom'g.f A City investment of $3M in HOME and CDBG funds resultedsn_ 69 affordable housing project. • A City investment of $1,2M in HOME Program__f_unds resulted in AMpk­ permanent supportive housing project for chit plcaIr homeless • There were 446 affordable housing units approvi?d, comp'ietod:,, 2018, a=° Code Enforcement uals and families; and tional capacity the Consolidated Plan. :the use of funds to of the Depot at Santiago, a of the Orchard, a 71 -unit pment in fiscal year 2017 - Code Enforcement staff responded to 4;$5,7, complaints covering 3,437 residential properties of which 1,643 were single family residences and ;�_794 were multi -family residences within the CDBG eligible deteriorating w and deteriorated areas;,__, K, Code Enforcement staff issued 134 Notices of Violation, 183 Notice and Orders, and 5,466 Administrative :7- _:._:: _--- Citations involving housing. As a result of these efforts, property owners have made ns ,.—:. ng res ....,. approximately $2,599,522.50 in repairs and upgrades encompassing 451 properties. Homeless • ESG funds provided assistance to 1,862 persons through Street Outreach, Homeless Prevention, Rapid Rehousing or Shelterlincluding 234 youth under the age of twenty-five, 224 Veterans, 410 chronically homeless individuals, 27 individuals reporting HIV/AIDS and 659 individuals reporting a severe mental illness. OMB Control No: 2506-0117 {exp. 06/30/201,8) CAPER 75A-15 EXHBIT 1 Capital Improvements Completed • Completed construction of Pacific Electric Community Park which included a $23M investment of CDBG funds. The park features open space for the community that includes native plant gardens, playgrounds, walking space, a fitness area, and gardening beds. • Completed Roosevelt Walker Community Center, which included a $2.1M Investment of CDBG funds as a joint -use project with the Santa Ana Unified School District. The site includes a 10 000 sq. ft. community center, basketball courts, play equipment, exercise equipment, communityg0en:'parking lot, security lighting, and landscaping, • Completed Madison Residential Street Improvement, which includemOS3 investment of CDBG funds used to increase accessibility and sustainability of Santa Ana stregis The actIvIt .kpsisted of the replacement of pavement on various residential streets withmia And�Utilizing a cement 49 treated base process. The activity included construction of_.Aasphalt overlay, replacerntUbf col trete curbs, curb ramps, gutter, and sidewalk, at various locations wit�tlrl,the City of_.Sante Ana. �M iAi- CDBG Public Services • Youth services provided by the Illumination and OC Children's Therapeutic Arts Center, included tutoring, education, recreation, fit • _. Yauthand _family _services orovided.bv_the C education, leadership, • Criminal Record Expun Orange County. • Homeless Services pro • Access to healthand _s, WA by Comm f) ty Health" Please see attached CDBG Activi accomplishment ;lC,,general, ho program year 20i -742p,,-018 served how the City performed agamst- plan. The comparison of ac_.comp r positive impact on the identified and by of a America on'Tjack, BGys & Girls Club of Santa Ana Rd, Big Brother's $ Sister of OC, YMCA and Albi s, and anti -bullying workshops provided by the Legal Aid Society of and supportive services to homeless women outreach, education and enrollment, provided y.'SummarTReport PR03 for a listing of all CDBG activities and Aand community development activities that were implemented during the identified needs. The five-year performance measures matrix above shows he goals that were set in the Five-year strategic plan and the one-year action ishment data to goals indicate that the Consolidated Plan activities made a needs. However, due to the complexity and extent of the needs in the City, OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-16 0 EXHBIT 1 some of the Identified needs are still significant. CR -10 - Racial and Ethnic composition of families assisted Describe the families assisted (Including the racial and ethnic status of families assisted). 91.520(a) Table 2—Table of assistance to racial and bysourMFbjunds715 and responses HUD requires the City to indicate if resources wereitilledtp concentrations. Based on the Census Bureau's ethni�ity/racer Hispanic/Latino. This populations resides within the City Ti e x " m Asian, which comprise approximate y10%? of the City's" p4Puh AF „z F% B The numbers in the race cef dbjn the a`bbve table for Whiff r +' not a race specifically for Hispanics in federal reporting st4Yd< forms, when a race is asked, Hispanics typically choose_.White. OMB Control No: 2506-0117 (exp, 06/30/20181 CAPER 75A-17 lith racial/ethnic minority Ana is approximately 78% minority population in Santa Ana is udes most Hispanics. This is because there is Hispanics state this as ethnicity. On these 7 CDBG ,,HOME ESG White 1861' 17 "' 1154 Black or African American 30 `.a,_d. 3 267 Asian 46 rv'.p �w- 55 American Indian orAmerican Native 7R1,156.1 0 � 183 Native Hawaiian or Other Pacific Islander 2., 18 Other ,;p=' 245 0 r�_Mir Lt1 0 Total " 2260 e 22 A F 1677 Hispanic 1$8 13 680 Not Hispanic 42Y;;'A; 9 1159 Table 2—Table of assistance to racial and bysourMFbjunds715 and responses HUD requires the City to indicate if resources wereitilledtp concentrations. Based on the Census Bureau's ethni�ity/racer Hispanic/Latino. This populations resides within the City Ti e x " m Asian, which comprise approximate y10%? of the City's" p4Puh AF „z F% B The numbers in the race cef dbjn the a`bbve table for Whiff r +' not a race specifically for Hispanics in federal reporting st4Yd< forms, when a race is asked, Hispanics typically choose_.White. OMB Control No: 2506-0117 (exp, 06/30/20181 CAPER 75A-17 lith racial/ethnic minority Ana is approximately 78% minority population in Santa Ana is udes most Hispanics. This is because there is Hispanics state this as ethnicity. On these 7 EXHBIT 1 CR -15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program year CDBG CDBG $5,949,906 $5,763,733 HOME HOME $1,207,942 $2,659,648 HOPWA HOPWA 0 0 ESG ESG $4.75,909t $455,842 Table B - Resources Made Available tx n Amounts are based on the PR07 and PR 26 Drawdown Reports. '+ ' Identify the geographic distribution and location of investmcnis Target Area Planned Percentage Actual PercetfYage of Narrative Description of Allocation Citywide 10053 4 Citywide'ok` Low -and Moderate -Income "= 1 R -r Low -and Moderate -Income area47 �, 9-JIE'' f�+.''n area Table 4 — Identify the Capital projects and code enforcement efforts were services, including public services; ecogq%zLlc develol moderate- income clientele OMB Control No; 25060117 (exp. 06/30/2018) and -d to law cl moderate- income areas. All other and hous'i'ng are targeted to serving low- and CAPER 75A-18 EXHBIT 1 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), Including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Cities receiving HOME Program funds are generally required to provide a HOME match of 25% of their annual allocation. The City of Santa Ana has qualified for a HOME match reduction of 100%, therefore not requiring the City to provide any match as part of the HOME Program. Thi ESG program requires a =;M dollar -for -dollar match requirement. However, the City requires the matcj"r'equirement to be met through its funded agencies. There is no match requirement for the Cp'B„program, In addition, the City of Santa Ana's local inclusionary housing ordinance generated funds that were R ,_ N n, matched with HOME and CDBG funds for the affordable houfirlg developments at the Santa Ana Arts pe' Collective, a 58 -unit multi -family affordable housing projeef, and the completed DeppUbW27f=Santiago, a 69 unit project. HOME Program funds and Project Ba4j cIuchers Nave been approved for the 3 iYJ a r, development of Santa Ana Veterans Village, a 75 unit project"volJfb;r.melkie"ss Veterans. HOME Program funds and Project -Based Vouchers were also utilized for the completed Orchard, a 71 unit permanent supportive housing project for chronically hoPCi�'less_individuals. `a�a M-1 _ lv ,.,, Fiscal Year Summary— H011rIM6ch 1. Excess match from prior Fedelydi'fi3',in%lyear 0 2. Match contributedduri,gcurrent„F p'raIfiscalyear._ 0 3. Total match available ffs'rnt Fed6al fiscal year (00 plus Line 2) 0 4. Match liability for current Fedelgi fjzscal )eat s 0 5. Excess match carried over to next#Federal fisdal year (Line 3 minus Line 4) 0 Table 5'�l Year Summary- HOME Match Report I ,';Match Contribution for the Federal Fiscal Year Project No bateof Cash t„ Foregone Appraised Required site Bond Total or Other ID a K Cdetiution (non Taxes, Land/Real Infrastructure Preparation, Financing Match Federal' Fees, Property Construction sours`Q Charges Materials, Donated labor Table 6 — Match Contribution for the Federal Fiscal Year OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-19 EXHBIT 1 HOME MBE/WBE report Program Income -Enter the program amounts for the reporting period Balance on hand at Amount received Total amount Amount expended Balance on hand at begin-ning of during reporting expended during for TBRA end of reporting reporting period period reporting period $ period $16,981.49 $233,696.21 $204,823.31 NA _, $45,854.39 Minority Business Enterprises and Women Business Enterprises - Indii ke tfie number and dollar value of contracts for HOME projects completed during the reporting period:;F Total Minority Bus! 6sE'nterprises White Non" Alaskan Asian or _ Black Non- Hispanic s Hispanic S.r,. ',� ,x '. Native or Pacificm_ ; Hispanic American Islanter; Indianm.= Contracts a ?i Dollar x Amount $3,915 842 0 $3,915,842 Amount $3,915,842 011, 4 0 4 0 $3,915,842 0 Dollar Amount 0 0 Number 4 D" ;:,_ 0 0 4 Sub -Contracts _ Number — 0 0- D'' 0- 0- 0 Dollar AM Amount _.. 0 a.__`'0 0 0 0 Contracts1 SA Dollar x Amount $3,915 842 0 $3,915,842 ;i Number 4 0 4 Sub -Contracts Number 0 Dollar Amount 0 0 0 Table 7 - Minority Business and Women Business Enterprises OMB Control NO: 2506-0117 (exp. 06/30/2018) CAPER 75A-20 10 EXHBIT 1 Minority Owners of Rental Property — Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Parcels Acquired Total 0 Minority Property Owners White Non - Alaskan Native Asian or Black Non- Hispanic 0 Hispanic Nonprofit Organizations Displaced or American Pacific Hispanic Relocated, not Displaced Indian Islander Households Number 0 0 0 0 0 0 Dollar Hispanic Alaskan `Asian or_ _ Black Non '4,' Hispanic Amount 0 0 0 0 0 0 Table 8 — Minority Owners of Rental Propertym' S Relocation and Real Property Acquisition— Indicate the number pf per;;ons displaced the cost of relocation payments, the number of parcels acquired, and the cost of acquigitid KIMh Parcels Acquired 0 0 Businesses Displaced 0 ZMUMw r0AN Nonprofit Organizations Displaced 0` Households Temporarily,M Relocated, not Displaced w0 Households Total Mlnority,;PropertyEnterpnsesss-` White Non - Displaced Hispanic Alaskan `Asian or_ _ Black Non '4,' Hispanic Native or P�cificyi; klispdprc` American Islander f x . ndian - 4I: Number 0` "MA, F 0 0' 0 0 0 Cast 0 a ep -' 0 0 0 0 T.KleB'_ Relocatlon and Real Pro pertyAcqulsitlon A OMB Control No: 2506-0117 (exp. 06/30/20101 CAPER 75A-21 11 EXHBIT 1 CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -Income, low-income, moderate -income, and middle-income persons served. Table 10— Number ofHou`seholds One -Year Goal Actual Number of Homeless households to be _ provided affordable housing units 50 11 Number of Non -Homeless households to be provided affordable housing units 0 „ 58 Production of New Unit£�'�Raa.0 0 Number of Special -Needs households to be provided affordable housing units „ 0 0 Rehab of Existing Units , c, rf 30 Total X50, - 69 Table 10— Number ofHou`seholds t�! Actual _Number_ of ho_useholds_supporter through _ Rental Assistance w 0 0 re -housing dollars. q� a�MWaNT - ,gTable 11— Number of Households Supported Discuss the difference Uetween goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. The Housing Choice Voucher Program served over 2,700 families this fiscal year, The City has a number of projects currently in the pipeline, which are anticipated to meet these goals in future Annual Action Plans. Currently, five new construction projects are In various stages of development including the First Street Apartments, Santa Ana Arts Collective, Veterans Village, Aqua Housing, and Tiny Tim. Together, these projects will yield 308 new affordable units. Although the Housing Choice Voucher Program has been effective, the limited housing stock CAPER 12 OMB control No: 2506-0117 (exp. 06/30/2W) 75A-22 r bne ear -:,Goal`` Actual _Number_ of ho_useholds_supporter through Rental Assistance w 0 0 Number of households sup pgrted through The Production of New Unit£�'�Raa.0 0 Number of households suppo"rtpd,irough' Rehab of Existing Units , c, 10 30 Numberafhduseholds� �portedthroia�h .�;, Acqulsrtionµ`of Existing Unts4tE;, 'V 8 0 Total =". 18 30 ,gTable 11— Number of Households Supported Discuss the difference Uetween goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. The Housing Choice Voucher Program served over 2,700 families this fiscal year, The City has a number of projects currently in the pipeline, which are anticipated to meet these goals in future Annual Action Plans. Currently, five new construction projects are In various stages of development including the First Street Apartments, Santa Ana Arts Collective, Veterans Village, Aqua Housing, and Tiny Tim. Together, these projects will yield 308 new affordable units. Although the Housing Choice Voucher Program has been effective, the limited housing stock CAPER 12 OMB control No: 2506-0117 (exp. 06/30/2W) 75A-22 I:X and low vacancies have hindered the program's ability to serve the maximum number of people the program can service. All of these program's clients continue to compete with one another to locate eligible units. The city will continue to look for opportunities to develop affordable units through a variety of means. Include the number of extremely low-income, low -Income, and moderate -income persons served by each activity where information on Income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME ActtYl.:la;= Extremely Low-income 1520 22''" Low-income 577 t) Moderate -Income 163 AiT 0 _ Total 2260 M^ 22 Table 12—Number of Housebo'lds served OMB Control No: 2506-0117(exp. 06/30/2018) CAPER 75A-23 13 EXHBIT 1 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(4, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through; Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs In 2017-2018, the City of Santa Ana continued working closely with non-profit homeless service providers funded with ESG dollars, and actively participated in various community groups Affi6d iYimittees to reduce homelessness, These organizations ranged from faith -based groups, grass-rootsorganizations, Continuum of Care housing forums, and community dialogues. On September 19, 2017 dity Cd. ..... approved the £ WE Homelessness Prevention, Intervention and Mitigation Plan to address he:concernsofan escalating numberof Individuals experiencing homelessness in the City. Many of these�ntii7lcualswere conceSitrated in the Civic Center and the Santa Ana riverbed and affect adjacent neighbpChoods and business distnctsMinpf the approval of the Mitigation Plan, City staff has undertaken a variety of Mlgns to adc)ir ss the Impact of homelessness on ,U c ;.• Santa Ana residents. In April of 2017, staff initiated the first City of Santa Ana Homeless P6int'_1h.Time Count and Survey. The PIT Count provided an opportunity to learn more ab" y the:individuals experizncmgpomelessness in Santa Ana, W Mh� s e 5i[ provided the opportunity to engage and provide n4 essary nfnrmat!on on fhe types of services available to individuals and provided a roadmap for types of services needed;to;teduc&d end homelessness. Through the ESG program, the CitVJJtovidgd assistance%'Q 1,862 homeless persons which included 234 youth under the age oftwenty-five, 224 Veterans ,410 chronically hoMeless individuals, 27 individuals reporting HIV/AIDS and 659 Individugls fe,p,grting a gevere mental ilin`'ess. Addressing the emer&@ncy shelter:and transitional housing needs of homeless persons Although Kpanent housing rs the primary Iff, Uor people who are homeless, interim housing is a necessity �.r until the AW of housing affordable to people with extremely low incomes can accommodate the demand. Interim housing should be available -'to all those who do not have an immediate option for permanent housing, fir, so that no one is Forced to sleep on -the streets. Interim housing should be safe and easily accessible and should be structured to provideservices khat assist people in accessing treatment in a transitional housing setting or permanent housing as quckly'as possible. Providing ESG grant funding to non-profit homeless service providers for shelter is one way that the City addressed the emergency shelter and transitional housing needs of homeless individuals in this fiscal year. in addition, as issues arose, City staff worked with a myriad of community partners to develop a regional approach to address shelter options. Sheltering individuals experiencing homelessness is a priority for the City and efforts continue in the current fiscal year to address this issue. The City has placed a high priority on assisting people who are homeless to access permanent housing as quickly as possible, without requiring "housing readiness" or participation in services or transitional programs as a prerequisite. This strategy has been found to be effective OMB Control No: 2506-0117 (exp. 06/30/2019) CAPER 75A-24 14 EXHBIT 1 with most populations, including people who are chronically homeless. In 2016, the City of Santa Ana became the host city forthe County's year-round transitional shelter. In the 2017- 2018, the shelter population at this site grew significantly. The shelter now provides a safe sleep for approximately 425 individuals each evening and services for over 600 Individuals each day. Although the shelter activities are funded by the County, the Santa Ana Police Department provide policing services around the site. The high need forthis shelter has resulted in an overflow and those who are unable to stay at the shelter often times linger on the street outside. In the past, more than 150 of these Individuals stayed In the Civic Center. With the help of the County and and Street Outreach teams, the area waslg red in April of 2018 and all individuals were offered housing options, „ - Helping low-income individuals and families avoid becoming homeless, espekially extremely low- income individuals and families and those who are: likely to became horlsTafter being discharged from publicly funded institutions and systems of "car e`�such as health care facilities, mental health facilities, foster care and other youth faC(iles, andcorrections prograr�is and ear d. institutions); and, receiving assistance from public or pitvate agencies that address^Housing, health, social services, employment, education, or youth needs The City provided funding to several non-profit 1?6ups who work direcfly with individuals on the verge of becoming homeless. These organizations were a1314 14 a wide -range o} services including recuperative care as well as other discharge services. Homeless preventon funding helped to keep individuals from becoming homeless by providing utility or rental assistance. The City wdrtcsslo§elyFWifh the Continuum of Care and gla Coordinated Entry System using the Housing First approach: With tis model, Individuals or families are prioritized using the VI-SPDAT suO eydn�then assisted to become document -ready in order to be provided with rapid re -housing services. Effet, homelessness prevention requires early identification and assistance to help �; people avoid losing their h4Usirrg_in the first place. Public ogehdies, including social service agencies, health ue clinics, schools, the foster care s'sfem an Gi;y�ggernment offices, have an important role to play in this effort as they are often in contact withfhese househ 'IKand can provide key information and referrals. Strategies to facilitate the early identification and.assistance needed to prevent homelessness include the expansion olesources available.for rental assistance and for key services that address threats to housing stability and facilitating access to'eviction pFevention services through education and outreach. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their-16milies, and unaccompanied youth) make the transition to permanent housing and IndepenclAfliving, including shortening the period of time that Individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. In March 2016, the City awarded 71 project -based vouchers for the Orchard permanent supportive housing project. Wrap-around case management services are provided to ease the transition of the individuals to permanent, independent living. In February, 2018, the Orchard held it's grand opening following it's renovation. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-25 15 0ATUNIM In fiscal year 2017.2018, 100 MUD-VASH (for homeless U.S. Military Veterans) vouchers were awarded to the City for future permanent supportive housing projects and an application was submitted for an additional 100 HUD-VASH vouchers. The City also assisted individuals transition to housing and independent living by providing Street Outreach, Shelter, Rapid Re -housing and Homeless Prevention funding to organizations who work closely with the Continuum of Care's Coordinated Entry System. It is through this system of care that individuals or families are prioritized using the VI-SPDAT survey and then assisted to become document -ready for housing. Shortening the period of time that individuals and families experience homelessness is one of the goals of the City and the Continuum of Care. In FY 2017 the City of Santa Ana utilized its ESG funds to support two services to Santa Ana homeless. While California struggles with high costs of rent, Housing First provide permanent housing for homeless persons. OMB Control No, 2506-0117 (exp. 06/30/2018) CAPER 75A-26 rapid rehousing being`mplemented in Santa Ana to 16 EXHBIT 1 CR -30 - Public Housing 91,220(h); 91.320(j) Actions taken to address the needs of public housing NA - The City does not have any public housing. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership NA - The City does not have any public housing. Actions taken to provide assistance to troubled PHAs N/A - The City's PHA is not troubled. However, the City utilized both,iht'HGME and OF affordable housing projects which have been combined with prp)'ect-based vouchers in affordable housing in the City. CAPER OMB Control No: 2506-0117 (exp. 06/30/2018) 75A-27 m to support to increase 17 EXHBIT 1 CR -35 - Other Actions 91.2200)-(k); 91.320(1)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential Investment. 91.220 (j); 91.320 (i) The 2014/2015-2019/2020 Consolidated Plan identified several barriers to the development of affordable housing including the following: _A11L%_ • Limited funding sources, financial costs, and the costs of • Market constraints primarily the availability, cost, and co • Available land in the City mostly consists of small parcels construction projects. Relocation costs and housing reply improved properties also presents barriers to the deveO 0 The region's rents have continued to increase. Higiigr rit households to obtain decent and affordable housing. 061 severely impacted. In an effort to mitigate these barriers, Santa Ana • Continued to enforce the inclusionary minimum of 15% of thetotal"fiftberof units i AF 111 If the new Residentia, project consgift of rental wff low income households, Qr0% rented to very the requirements forthe project ty payment o �:f_.units. ,..M �- -, the significant new ent o„f affordable housing r " limitedtheAgm,ability of sorrlelowerincome holds°wif li no or poor cYedit history are swing actJo,Auring the report period: nce7rwjJc)''^new residential projects that meet the .rt sal Praje_crconsists of -units forsale,-then a roject shall be sold to Low Income Households; 2) 2ninimum of 15% of the units shall be rented to .ome households; 3) Developer may elect to satisfy in lieu of constructing some or all of the affordable Actions taken to address dbsticles to meeting underserved needs. 91.220(ic); 91,3200) Based on the 2017 P_.oint in Time Count and Survey, there are 4,792 individuals experiencing homelessness In the County, with 1,392 m1the Centralxpart of the County in which Santa Ana sits. In April 2018, the City of Santa conducted its own Point m,Time'County and Survey and identified 1,617 individuals experiencing homelessness in Santa Ana. A challenge iP.-Prange County forthe last several years has been the Santa Ana riverbed which in January, 2018, over 500 individuals were identified by County and non-profit outreach workers as living in the Santa Ana riverbed. A successful County effort was made to clear out the riverbed and to provide temporary housing while other options were considered. Options to find housing for all who are interested continues today. Because many of these Individuals move from city to city, the goal of the City is to work closely with community and faith -based groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. Several programs were funded with CDBG and ESG funds to assist underserved individuals. The number of OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-28 In EXHBIT 1 persons assisted during the report period is highlighted throughout this report. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead -paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States, Until 2012, children were identified as having a blood lead "level of concern" if blood tests resulted In 10 or more micrograms of lead per deciliter. Experts now use a reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher than most children's levels. Although many children remain at risk of exposure to harmful lead levels (Le., than the CDC recommended level of 5 micrograms of lead per deciliter of bloc blood levels in children age five and younger, largely as a result of the phase= by federal, state, and local agencies to limit lead paint hazards in housingfi. W` All owner -occupied housing units rehabilitated during the repor were inspected for lead-based paint hazards. If the inspectioQJ subject property was tested —the average cost per testQpv is$QU comply with Title X has added approximately 45 days to the typi importantly, staff reports that at least some potential program I funds for rehabilitation because of the additional -scope of work hazards even though the cost for said work is forgig' Ooh, --h_., Actions taken to reduce the number of fed,blood lead levels greater �rasui�. e CDC reported a decline in leaded gasoline and efforts 3t were c n,aructed prior to 1978 lead-based p "MfitAzards, the indicates that;p'roceduresto habilitation project, but more may have chosen not to pursue City the lead-based paint 91.320(j) Santa Ana's anti -poverty strategy includes ex0MApanding ho sing opportunities and support services for low-income Vk residents, and coordinatingp_'Ublic and private resources to address theirspecific needs. Services and activities WM supported by the City included M)- wm • Housing rehabilitation, rental b0tstance, and creation of new affordable housing opportunities via new const(uction and acgtr_' -I n/refial fitaSi9n activities • Homeless assistance including prevention activities, emergency shelter, transitional housing, and access f permbnent housing oppprtunities; appropriate support services were blended with these activities • Public faeUty improvements to improve the overall infrastructure ofthe City, but more specifically for older and/or Idwer income neighborhoods • Job training, ob search skills and job placement to provide those living in povertywith new employment ear opportunities thatpy higher wages • Youth recreation"'and diversion services to provide youth living in poverty with alternatives to gang and crime activities Actions taken to develop Institutional structure. 91.220(k); 91.320(j) The large number of non-profit organizations serving low-income communities in Santa Ana is both an asset and a challenge. With a long history of serving the community, the sheer number of non -profits leads to increased competition for limited resources. Conversely, the benefits of a rich variety of social service organizations often OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-29 19 �� ai translates to more community-based and culturally competent services for low-income residents. In response to this, the City worked closely with local institutions to initiate programs that link economic incentives with neighborhood and community development objectives. These efforts included building relationships with neighborhood associations, community-based lending agencies, nonprofits, and educational institutions. The City also supported programs aimed at enhancing coordination among various City departments. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following: • The City's Workforce Development Board (WDB) played a key role in opportunities for low income Santa Ana residents. The WDB is comp representing private employment, education, social services and gov board's representation ensures that the community's workforce nee -01 through a variety of public and private resources. This advlsg` Qa. ( contacts together resulting in enhanced coordination of programl'tJel • The City participated in several homeless forums and fat on the Continuum of Care. Through this participation, theUt�y`tbn ensu 'oo... needs of the homeless are identified and addressed throughpthe' • The City sought to encourage home ownership opportunities'id" high median purchase price of homes, h'gmeownership remains than 80% of county median income. Recegt increases -in housing • Neighborhood residents were encouraged neighborhood assessments and plans, and Neighborhood Ini included working agencies and the Actions taken to enhance agencies. As in past'yi?aes, Santa Ana n levelopng employment sO'of various community leaders Yrnment. This diversity in the w. s area and addressed also n-_ eycommunity rery and re -r utilization. rmh� tive board Portae Orange County t barriers to sl and the li'nated use of limited funds. rte neighborhood stability. With a lenge for households earning less .syr have exacerbated this situation. ation and implementation of nelessness issues. Santa Ana's to fagilitate this participation. This coordination utilities, property owners, tenants, nonprofit and private housing and social service federal funds with local and state funds to increase and preserve the City'smsupply of affordable rental housing. After the dissolution of Redevelopment Agencies in California, obtaining affordable housing resources has become more challenging; however, the City continues to seek resources that cen be used to'further affordable housing opportunities. Several affordable housing projects are moving forward currethtly (n the City and two projects for individuals/veterans experiencing homelessness are in the pipeline. Theserarerexamples of how the City is coordinating with private developers and social service agencies to create affordable housing opportunities in Santa Ana. The City's owner -occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate - income homebuyers were available via the City's participation in the City's Down Payment Assistance Loan Program. The City worked closely with Habitat for Humanity to complete the last phase of the scattered site project where five single family homes were developed to be sold at an affordable price and restricted to Income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-30 20 EXHBIT 1 provided rental assistance vouchers to very -low income households. Participants in the Housing Authority's Family Self -Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership. City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations In the community allowed for an integrated approach for funding requests from local, state and federal agencies. The City worked with nonprofits as they applied for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide Homeless needs and priorities continue to be identified through the with the County and local ESO entitlement grantees in regard to the are held to coordinate the development of eligibility criteria, perforr measurements, as well as to establish funding, policies, and proc_ir etiu the Homeless Management Information System (HMIS). 2,k Identify actions taken to overcome the effects of any Imo analysis of impediments to fair housing choice. 91.520(a) A Regional Analysis of Impediments (AI) that cove impediments to fair housing choice on a regional identified fair housing impediments, During the R following actions (on its own or County (FHCOC)) to overcome,i discrimination complaints,hard addressed a total of 3,266611f9 evictions and security deposits. CR -40 - rds and plan and us including m To ensure program in with to fair I services. The City consults On-going meetings administration of In the jurisdictions program years 2015-20Wtbrbugh 2019-2020 identified sis IYobtlirles strategies for regional partners to address AM`k= 7 2018.reportperjddAhe City of Santa Ana took the regional partne 1krid the Fair Housing Council of Orange ousibg choice identified in the regional AI: Received ten rrs served9total of 945 unduplicated households and but n_ofwl,mited to repairs, rent agreements, retaliation, outreach activities in Santa Ana. ures used to monitor activities carried out In furtherance of the compliance with requirements of the programs involved, :h and the comprehensive planning requirements all CDBG, HOME and ESG activities are reviewed for eligibility prior to having funds committed, Activities by subrecipients are monitored through quarterly desk audits of invoices, a review of the subrecipient's Single Audits, and a risk assessment is conducted to identify high risk activities to perform on-site monitoring. Activities by City departments are monitored through a review of quarterly reports, inspection of completed projects, and review of procurement or other pertinent documentation prior to authorizing project delivery payments. A comprehensive HOME project -monitoring plan has been developed and implemented by the City. For rental projects, this plan calls for a regular review of project finances, tenant eligibility, ongoing HOME program compliance, and Housing Quality Standards (HQS) compliance. An annual recertification of CHDOs has also been implemented. The City is required to report HOME resources awarded to OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-31 PAI EXHBIT 1 Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) via contracts and subcontracts in the CAPER. In addition, CDBG requires that an effort be made to award agreements to MBE/WBE. Procurement advertisments state that MBE and WBE firms are encouraged to apply. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City published a notice in the general circulation of papers in English, was available for review for public comment. The CAPER was made availa of the Council, Community Development Agency 6th Floor Reception Are a 15 -day public comment period prior to the submission of the CAPE.:..1 held by the Community Redevelopment and Housing Commissionand'at public comments, with the City Council authorizing the submissi n of the comments received from residents, public agencies and or irterested 4 VaYm a. comments are included with the final submission. In addition,VtVAOpg 'ed public comments with explanations of ubliccomments not acceptinc comments were not accepted. _ y„ OMB Contra Nos 2506-0117 (exp, 06/30/2015) III -Al a 4.1 75A-32 anis"68 Vietnamese that its CAPER .^€r for review at the Office of the Clerk nd on ti_he City's website.There was D. In adcfitton, a public hearing was City CouncilBeeting to obtain )ort to HUD Thaptrtymnnsidered all w lies. A summary_of public Ike City's response to written Ing the reasons why these 22 LWHO CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and Indications of how the jurisdiction would change Its programs as a result of its experiences. The City's program objectives remain in place. No changes to the objectives are currently planned. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI i OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-33 23 EXHBIT 1 CR -50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations. Please list those projects that should have been inspected on-site this program year based upon the schedule In §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the Inspection. For those that were not Inspected, please indicate the reason and how you will remedy the situation.AM The City of Santa Ana conducts onsite inspections of HOME -assisted rental u_n tjr during the required affordability period to determine compliance with HUD property standards in accordance witk2+l_CFR 92.251, HOME -assisted Aft rental projects with one to four units are inspected every three years,;,prpjects it ivg: o 25 units are inspected every two years, and projects with 26 or more units are inspected arinYtally For the 2037 .18 fiscal year, 190 units out of 836 units were inspected. Of those units inspectedAb total of 14 units had def c en�Ias1observed, of which 4 units corrected the deficiencies prior to the conclusion of the inspection, and 10 unitstorrected the Run deficiencies at reinsertion. sem. OMB Control No: 2506-0117 (exp, 06/30/2018) CAPER 75A-34 24 Orange Houeln8 Day. Cor 01]Townsend 5t 10 2 07 -Sent 17 No deficiencies observed. Orange Housing Gov. Corp, ]UBTuwnsend 10 2 07 -UP -1 No Meander observed. Orange Houeing De, Corp,102 Paid St 0 2 07-Se1] No deficlendas observed. Orange Ardsh, Be, Cover 021 Tewoseral at 10 2 07 -hp -1 No degciendn observed. Orange Housing Dev. Cor vol T.WOeerld St to 2 OSG-ll edetic asides Bbserved. Orange Housing Dav, Corp. 834 Haltt St 11 4 0] -Se -1] No deficiencies observed. Orange Fading Dev, Corp. 1411 Durant ST 24 5 12-Od-17No deficiencies observed. Orenga Housing Day. Corp. 103 Law St 26 6 12.Od17 No Godparent observed. CIVIC Cantor U.M. Inoperative smoke alarm, Batteries removed by tenant. Corroded prior to Housing Corp, 1060 Third ST 5 2 20-Nov17 correction of Inspection. Orange Houeing Dov, Unit 3 - Surfom mold In bathroom cabinet Corrected prior to conclusion of Corp. 1120 Mlnnle ST 8 2 30-NOV17 Ira oodmi, Orange Housing Day. Corp1122 Mlnne.ST B 2 36Nov13 No deficiencies observed. Dredge Haasing Ory. Corp, 1029 faired Sr 8 2 90-Nw37 NB deficiencies observed. Orange Housing Dev. Cor 1101 Mlnnle ST 6 2 30 Nov -17 No ddfdendas Observed. Orange Housing Day, Corp. 1010 Minnie ST 0 2 30-NDy-17No deficiencies observed. Orange Housing Dev. eurp. 1014 Minnie ST 8 2 30-NOv-17 No detflcleeoie¢obarevad, Orange Housing Dev. Corp. 940 Mlnnle St a 2 30-NDv.17 No deficiencies observed, Orange HDctlng DEV. Corp. 1010 Minnie ST 4 2 30 -Nov -I1 No defid.,hao obeerved, Orange HOuseg Dry, Corp, 1006 Minnie ST 8 2 30-14erd7 No regents. obmrved Orange Housing U.N. Cor, 935 Mlnnle ST 6 2 30-Noy-1]Damaged .vin(trip ueard.Be-IaeRed and assed Go V30118. Jamb.me Hosing Wakeham-GrantA is, 020 Mlnnle ST 10 2 14-Dea17 No deficiencies observed. Jamboree Housing Wakeham- antAp0. 805 Minnie $T 10 3 14-Dec-1]Unit 3- Tubshower .No is Wiln Rednacted and asset on2B10. Jombome Housing Walmham-GhutA i5 916 Mlnnle ST to 2 14 -Dar -17 Inoperative arbi edisposal. Rddhmrrrotld and Graned .1 2161 Jamboree Housing Unit S-Leaklne Wbvalve.Oeled0ratetl vanlry, Looretdlef. 0.a -Inspected and Wakeham-Cvun4Aple 825 Minnie ST 10 3 I4Deo17 pasted our 2/AIA Un1110-Carest Is Warn. Spoke/CM alarm Is Inapwatlya. Bathroom adu lour Jamboree Housing around the tub is doemorated,Vanity is deterlwated, Pe -inspected and peened Whavehumni Asia 015 Mlnnle ST @e B 14 -Dec -17 no 2/0/19. Jamboree Heading Wakeham -Grano Apta, 935 Minnie S1 V 3 14-noe17 Unit] - Inoperative GFCI outlet In kitchen. Do ma ectad and passed on 2/8/Ig. Jemb.ree Nousing WakehwmS6n1Ad. 904 Minnlo ST 18 3 14 DocI Unit 3- Courtaptop is doterlwated, Be. reacted and Mrsed on 2/BIS. Orange Housing Dev, Corp. 1201 Madre Blvd 144 34 t1-JanlB1no ervart, smoke alarm corrected palorto conclusion creel 605 E. Wethlni WBBB LP Aye 36 0 184uroSO Ne rebouncing observed. Vise Del RIGA admante 1600 Memory Ln 41 4 23-J.11@ No defichme., obeerved. Civic Center Banlo Hearing Corp. 700 Third $T I9 4 01 No defldencles observed. Civic center Bartle Houring C.P. 600 Third ST 17 A 05-reb-13 Elevator under report, Passed lnseelen on 2/20/111. Civic center Barrio HOudng Corp. 611 Nnt $T 1 1 054618 No dafiderI observed. Civic Center Gould Housing Cor, ttl First ST 3 3 0.9.Feh-18 No de&areles observed. Clvlc Center eorrl. Unit D201 TErmlte damaged stairs lexMrloQ,Repaired by HOAPosted on Housing Crep, 701 First 5t 2 2 09Feb-18220/18. Divot Center Barre roguing Cd, 711 Flnt ST 2 2 05.FeN10 Unit 31U6 -Lone retint. satmd on 9/20/16. CIVIe Center Barri. Unit F205 -Hush on serve is deteriorated. SwIrvay Wall fe deteriorated he. HwminB Corp. 601 Fbat Sr 3 3 05 Feb-10r41ng le eltached. Passed oa 2/20/18. Clyde Center until. Housing Cote, 621 First ST 1 i G5-Fehl0 No d4fratuNc.le.rvad. Orange Houeirrg Day. Carlon Curt 300 Carp, Banta Ana BLVD 84 17 15 -Fab -Ig No deficiencies observed. Orange Housing Dev. Corp. 901 SoNg ST 24 5 06-Mar.18 No deficiencies observed, Mange A ... do Oev. Andelvela Acts. Coup. BIG FI uama 50 70 14 23 Am No ddidenger obeerved. Orange Housing Day. Santiago Vllas 039 Ione term. UWI 206-Daage 218 outlet cover, Unit I.me osier. Unit 128- Ionm Corp. Seventeenth N 89 1G 304urv10 All It... corrected priests eandvaion of Inspection. 8 6 190 75A-35 EXHBIT 1 EXHBIT 1 CAPER 25 OMB Control No: 2506-0117 (exp. 06/30/2018) 75A-36 EXHBIT 1 Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) The City's affirmative marketing procedures and requirements apply to rental and homebuyer projects containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply to families with Housing Choice Voucher tenant -based rental housing assistance or families with tenant -based rental assistance provided with HOME funds. The procedures include: Methods to inform the public about Federal fair housing laws: • The City displays the Equal Housing Opportunity logo or slogan in housing -related press releases and solicitations for owners, and on the website page for the City's Housm and Neighborhood Development Division.r Wim.,., • The City requests the County of Orange to include inform atiorf.dWthe City's'HOME and CDBG-assisted rental units in its countywide Affordable Housing List malDtamed<by the Countya,Q Requirements and practices owners must adhere to: • Owners must display the Equal Housing Opportunity logo dKs",logan in all correspondence with current or potential tenants, on lease agreements, end display the fair hoGsing poster in their leasing offices, and develop written procedures for selecting tpn qts, ,y , • The City required owners of City HOME- and CIMMIsted rental ub is to continuously review the demographic makeup of their tenants. If and when such rev-eu�n"dicated that their tenants no longer reflected the City's minority population, theywe-i equlred for nform the City of that fact and request City review and approval for the steps they tookto correct that deficiency. * Compliance with thg_Crty's affirmative marketmgyegq.ji'ements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, and will be enforceable b raf y meaps of appropndte'actions described in loan documents recorded through the County` ON"hge Record • The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to lr ka en annual report to the City detailing the steps they have taken to comply with this Program. Theywill also bb required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a form that is acceptable to the City of Santa Ana, and1hat will enable the City to capture the data it needs to evaluate owner compliance with this Program. • The City will maintain records on owner reports and its evaluation of those reports for a period of not less than ten years after expiration of the affordability period required by applicable HUD regulations. Annual assessment: • Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of tenants OMB Control No: 2506-0117 (exp. D6/30/2018) CAPER 75A-37 26 EXHBIT 1 being served to determine if they reflect the City's housing.market: If they do not, the city will direct the owner to take further affirmative marketing steps to correct the imbalance. The City will track and evaluate the steps taken to ensure they have the desired effect. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics. IDIS reports PR09— Program Income Summary and PR 23 -Summary of Accomplishments for Information F, demonstrate the amount and use of program income for projects, including the number of projects and owner and tenant characteristics. 3 Describe other actions taken to foster and maintain affordable hl'�ising7591=220(k) (STATES ONLY: Including the coordination of LIHTC with the development of af_forcfable hotlsink). 91.320(j) ;3 During FY 2017-2018, the City of Santa Ana received 100 projeff based vouchers to develofl-T bnent MMY supportive housing projects with wrap-around supportiverSertjlc s for homeless veterans. A(MFP was released by the City for affordable housing development with these voucb'6Ys jn addition, an application was submitted for an additional 100 HUD-VASH vouchers. L- `0 W. s There are currently five affordable housing protects ncjevelopment that will provide 308 units. --, � ,,AF �--GN3=ffngw - OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-38 27 EXHBIT 1 CR -60 . ESG 91.620(g) (ESG Recipients only) ESG Supplement to the CAPER in IDIS For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name SANTA ANA Organizational DUNS Number 083153247 EIN/TIN Number 956000785 Indentifythe Field Office LOS ANGELES Identify CoC(s) in which the recipient or Santa Ana/Anaheim.{Oranga County CoC subreciplent(s) will provide ESG assistance ESG Contact Name't Prefix Mr First Name Judslsh Middle Name J Last Name Brown Suffix r. Title 'NousingDivision Manager ESG Contact Address Street Address 1 ,- 2 Gvic Center, -Plaza, M-26 Street Address 2 0 9,_1= City� _ Santa Aia State _ a ZIP Code 01- Phone Number;TM, M�'­Mb 7146672241 97 Extension 0 Fax Numbex,. 7146476549 Email Address.;_ jbrown@santa-ana.org n^ ESG Secondary Contact,'%.,, Prefix Ms First Name Terri Last Name Eggers Suffix 0 Title Senior Community Development Analyst Phone Number 7146475378 Extension 0 Email Address teggers@santa-ana.org CAPER OMB Control No: 2506-0117 (exp. 06/30/2018) 75A-39 PIK 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2017 Program Year End Date 06/30/2018 3a. Subreciplent Form — Complete one form for each subrecipient Subrecipient or Contractor Name: INTERVAL HOUSE City: Long Beach State: CA Zip Code: 90803, 4221 DUNS Number: 113510176 Is subrecipient a victim services provider: Y Subreciplent Organization Type: Other Non -Profit Or ESG Subgrant or Contract Award Amount: 42,160.83 Subreciplent or Contractor Name: M ERCY HOUSE TRANSITIOW City: Santa Ana State: CA Zip Code: 92702, 1905 DUNS Number: 879797165 wk Is subrecipient a victim services provider: N: Subrecipient Organization Type Dth ;?.,Von -Profit Organization ESG Subgrant or Contract Award Amours#: 80,354,001"n, Subreciplent or Contractor City: Huntington Beach �, r State: CA F'is Zip Code42842, 2737 DUNSN4"er:075396882 Is subrecipie'nt`'a victim sen Subreciplent Or ESG Subgrant or OMB Control No: 2506-01171exp. 06/30/2018) Srovlder: N Other Non -Profit Organization Amount: 22,154.00 CAPER 75A-40 RS EXHBIT 1 29 Subrecipient or Contractor Name: WISEPLACE City: Santa Ana State: CA Zip Code: 92706, 3904 DUNS Number: 002322894 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non -Profit Organization ESG Subgrant or Contract Award Amount: 30,654.00 Subreclplent or Contractor Name: Illumination Foundation City: Irvine State: CA Zip Code: 92606, 5124 DUNS Number: 829919047 Is subrecipient a victim services provider: N .d 7 Subrecipient Organization Type: Other Non -Profit Orga..61-a ESG Subgrant or Contract Award Amount: 207,130.00 Subrecipient or Contractor Name: People City: Santa Ana State: CA Zip Code; 92705, 8506 DUNS Number: 884339003 Is subrecipient a victim ser Subrecipient Organizat ci ESG Subgrant or Contract E City: Longezach State C& Zip Code 90849, DUNS Numbev'`f Is subrecipient a Subrecipient Org ESG Subgrant or OMB Control No: 2506-0117 (exp. 06/30/2018) N BA 211 OC rofit Causes, DBA City Net provider: N Other Non -Profit Organization I Amount: 46,154.00 CAPER 75A-41 EXHBIT 1 30 Subrecipient or Contractor Name: Santa Ana Police Dept -Heart City: Santa Ana State: CA Zip Code: 92701, 4058 DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Suberant or Contract Award Amount: 47.654.00 EXHBIT 1 OMB Control No: 2506-0117 (exp, 06/30/2018) CAPER 31 75A-42 CR -65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 20 Children 22 Don't Know/Refused/Other 0 Missing Information 2 Total 54 Table 16 — Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re -Housing Activities Number of Persons in Households Total 4.1,! Adults 23 Children Don't Know/Refused/Other d x Missing Information - Total 28m a ..60V Table 17 — Household Information 4c. Complete for House Adults Children _ 118 Don't KnoW/F]lefused/Other 1 Missing Informatitin 0 Total 1358 Table 18 — Shelter OMS Control No; 2506-0117 (exp. 06/30/2018) CAPER 75A-43 13 EXHBIT 1 32 4d. Street Outreach Number of Persons in Households Total Adults 401 Children 18 Don't Know/Refused/Other 3 Missing Information 0 Total 422 Table 19 — Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons In Households Total Adults 1666 ANNO Children 193 +a= Don't Know/Refused/Other 3 Missing Information _ 1 Total "$62„ Table 20 — Household Information for Persons Served S. Gender—Complete for All Activities Table OMB Control No; 2506-0117 (exp. 06/30/2018) CAPER 75A-44 EXHBIT 1 33 Total Male r 995 Female 861 4 Transgender azo 4 Don't Know/Refused/,9ther _ 1 Missing InforiSatlon' §% F4,>,1 Total „.:a„ „= t_ 1862 Table OMB Control No; 2506-0117 (exp. 06/30/2018) CAPER 75A-44 EXHBIT 1 33 EXHBIT 1 CR -75 — Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Table 25 — ESG Expenditures forHdmelessness Prebentlon w„a. 11b. ESG Expenditures for Rapid Re -Housing. , , Dollar Amount of Expenditures in Program Year 2015 2016 2017 Expenditures for Rental Assistance $50,420 $44,012 $30,882 Expenditures for Housing Relocation and $68,025 jZ!,, $60,466 Stabilization Services - Financial Assistance 0 ` ` 0 ..4" 0 Expenditures for Housing Relocation & 0 6___0_ Stabilization Services - Services $47,662 ?4$2734 $11,022 Expenditures for Homeless Prevention under $143,045 $143,179 $114,781 Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention $98,082 $59,746 s $41,904 Table 25 — ESG Expenditures forHdmelessness Prebentlon w„a. 11b. ESG Expenditures for Rapid Re -Housing. , , , a, DaI ar Amount of Expenditures in Program Year X2015 ^” 2016 2017 Expenditures for Rental Assistance $51,00 $24,675 $26,870 Expenditures for Housing Relocation�nd, $68,025 $77,689 $60,466 Stabilization Services- Fin,alleialAssist {1ce 0 0 0 Expenditures for Houstng`Relocation WE 0 6___0_ Stabilization Services -Serwc6s — $70,028 $28,235 $14,952 Expenditures for Homeless Assistance under $143,045 $143,179 $114,781 r � ,. EmergencySh.61WGral7tsProgram 6 Subtotal Rapid Re- Housing $121,328 $52,910 $41,822 Table 25 —ESG Expenditures for Rapid Re -Housing 11c. ESG Expenditures for Emergency Shelter Table 27 — ESG Expenditures for Emergency Shelter OMB control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-45 36 Dollar Amount of Expenditures in Program Year 2015 2016 2017 Essential Services $75,020 $65,490 $54,315 Operations $68,025 $77,689 $60,466 Renovation 0 0 0 Major Rehab 0 6___0_ Conversion 0 0 0 Subtotal $143,045 $143,179 $114,781 Table 27 — ESG Expenditures for Emergency Shelter OMB control No: 2506-0117 (exp. 06/30/2018) CAPER 75A-45 36 EXHBIT 1 Ild. Other Grant Expenditures Table 28 - Other Grant Expenditures Ile. Total ESG Grant Funds Total ESG Funds Expended Dollar Amount of Expenditures in Program Year 2016, 2015 2016 2017 Street Outreach $125,734 $99,953 $139,147 HMIS $30,000 $30,000 $17,277 Administration $35,500 $36,687 $34,194 Table 28 - Other Grant Expenditures Ile. Total ESG Grant Funds Total ESG Funds Expended 2015 2016, 2017 Other Mon-ESG HUD Funds $553,689122 475' $389,127 Table 29 -Total ESG Funds Expo., a Ilf. Match Source N . � .1 Tab[' 3d"-..tiihe-�r'-OUQS,-�pgnded on Eligible ESG Activities 11g. Total g.1.1__ R'q MM, Arl,. ,Jqtal Amount of Funds 2015-, AK 2016 2017 Other Mon-ESG HUD Funds $10,000 2V $46,512 $63,000Other Federal Funds 0� $70,000 $42,477 State -Government $72,624 0 $48,315 Local Government $87,124 $143,827 Private Funds X $187,809 $163,384 -Other 40"49,015—` —$95,675— ---$74,678— Fees M" 0 0 0 Program Income zmgm_ !N'T 0 0 t Total Match Amount r A$848,517 $487,120 $535,681 . � .1 Tab[' 3d"-..tiihe-�r'-OUQS,-�pgnded on Eligible ESG Activities 11g. Total g.1.1__ R'q MM, Arl,. ,Jqtal Amount of Funds -W 2015 2016 2017 EXpgnded on ESG Activities $1,102,206 $909,595 $924,808 TalbVl -Total Amount of Funds Expended an ESGActivltfes m JF -OR CMB Control No: 2506-0117 (exp. 06/30/20181 CAPER 75A-46 37 EXHBIT 1 CITIZEN PARTICIPATION In accordance with 24 CFR 91.105(c)(3) for local governments, the public notice for the Consolidated Annual Evaluation and Performance Report (CAPER) public comment period and public hearing was published on August 7, 2018. During the 15 -day public comment period from August 20, 2018 through September 5, 2018 the CAPER was made available during regular business hours between 8:00 a.m, and 5:00 p.m., Monday through Thursday in the offices of the Community Development Agency, 20 Civic Center Plaza, 6th Floor; Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809 and on the city's website. The Community Redevelopment and Housing Commission of the City of hearing on August 22, 2018, at 4:30 p.m., on September 18th, 2018 and Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Following public hearing, the City Council of Santa Ana will hear and a comment period and public hearing notices published are ii SUMMARY OF PUBLIC COMMENTS 08/22/2018 COMMUNITY REDEVELOPMENT & No comments were received from the public. 09/18/2018 CITY COUNCIL All comments received will PUBLIC COMMENT PERIOD g • Orange County Register - E • La Op • Nguoi OMB Control No; 2506-0117 (exp. 06/30/2018) CH final document to HUD CAPER 75A-47 held a public 2"d at 5:45pm at the City y'public comment period and 'i AGER. Copies of the public HEARING; In THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 790.8059 PROOF OF PUBLICATION (2015.6 C.C.P) State of Californla ) County of ORANGE )as Nollce Type: HRG-NOTICECFHEARING Ad Description: NOTICE OF PUBLIC HEARING ON THE SUBMISSION OF THE CITY OF BANTA ANA 2017-901A I am a citizen of the United States and a resident of the State of California; I am oventhe age of eighteen years, and not a party to or Interested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1906, Case N% A21046. That the notic% of which the annexed is a printed copy, has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to -wit: 08(072018 Executed on; 08/07/2018 At SANTAANA,CA I certify (or declare) under penally of perjury that the foregoing Is true and correct. III t♦ 75A-48 c EXHBIT 1 This apace far flung Stamp only EXHBIT 1 ' PROOF OF PUBLICATION (2015.5C.C.P) IMILa0pinift 915 wllshlre Bly '5te 6'00, Loi A'n ales, CA 90077 g Tel: (21;3)896.2260•Fa�:(213)$46-?238 _ AUDIENOIA sus eagles en 'nU' ' AVIEO DD-,� Eme awls E90, or PGNLIQA BOgq�LA' pam el; pmArame PgEBDNTppION®BL anu�l 2077.2tl1B.` 'DesEMPEN0AN0AL AdemAs, el' Vproyecto OONBOLIDADO CyAPEFl .daNOcua, fns EINPo�Meoe IICAme,. •aspac0aba 9VALIlACI rA0ne8A1'para tod0a au$ 2017.20" E LA yorCAtemea' rynanCladoa Women nv Hoare ..,...�_..... .. STATE OF CALIFORNIA I am a citizen ofthe United States and a resident of'the county aforesaid; I am over the age of eighteen years, and not a party to or Interested In the above -entitled matter. 16Yq the principal clerk of the printer of La Opinl6n a newspaper of general circulation, printed and published daily in the city of Los Angeles, county of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of.California, under the date of July 28,1969, Case Number 950176; that the notice, of which the annexed is a printed copy, has been published in each regular and not in any supplement thereof On the following dates, to wit: all in the year 20 I certified (or declared) under penalty of perjury that the foregoing I$ true and correct. bated at Los Angeles; California, this �I .. . s E0 n:1hr� Thisspace Proof 10sfuad0. 2mnableal M AVO NaR_CnnVolkd II I I II f�pl II I �poluamtles da lereuni6n ,,; 1 HsY aA'I 1,4'nl� A IIIlIIIIIIII�dIIifIIIIIfIII VIII VIII IIIILIII�IIIIIIVIIIlIIIiIIIIIIIIIIlIId t.} ILA OP NK11Nfir0_ AnImGF.metlla eompinY ,k,<. �A000004fjS80 75A-4,,, L,.4. California Newspaper Service Bureau Public Notice Advertising Since 1934 Tel 1-800-788-7840 Fax 1.800474.9444 Local offices and Representatives in. Los Angeles, Santa Ana, San Diego, RiversidefSan Bernardino, San Francisco, Oakland, San Jose, Sacramento Special Services Available In Phoenix DECLARATION I am a resident of Los Angeles County, over the age of eighteen years and not a party to or interested in the matter noticed, The notice, of which the annexed is a printed copy appeared In the: NGUOI VIET EXHBIT 1 THONGBAOVEBu& DIN TRAN LONG CQNG CVA It# D�TRINH RAO CAO CONSOLIDATED ANNUAL PERFORMANCEAND EVALUATION REPORT (CAPER) CVATHANHPHO SANTA ANA NAM2017.2018 NAY THONG CAO RANG try Ban Gia Cu va Tal PhAt TriAn Cong Wag Thanh Ph6 Santa Ana s6 m6 mot bu61 di@u trin cling tong vao ngay 22 Thing Tim, 2018, vao IAC 4 gl630 chi6u to! City Council Chambers 6 s6 22 Civic Center Plaza, saata Ana; California 92701, de,n1,an g6P y v@ ban thio da Consolidated ,Annual. Performance and Evaluation on cho rtAm tai kh6a .201-7,2018. Bin thio CAPER 4a'hoin tat Phu On the following dates: — Wjj"' = iih-etiali6ty A-volU ng -v OS/o7/2018— hooch Citizen' Participation Plan c(ia Thanh Ph6. Bin I certify (or under penalty of perjury that the coo g6m phAn tam lugc Foregoing is true and correct. Is true and va lugng Binh v6 v(oc sit dung cac quy Community Development Block Grant Dated at Los Angeles, California, this (CDBG), HOME Investment 17th day of August 2018 Partnerships (HOME) vi Emergency Solutions Grant (ESG) cho nim tai kh6a 2017-2018 c6a Thanh Ph6, Ngohi ra, bAn We CAPER c6n so k6t nhUng thanh tuu " ^ doc blot cAa Thanh Ph6 d61 Signature vdi tat ch Chuang trinh dugs 116n bang tal trq, Rin sao Cita bin thAo CAPER 3159117 se 0 sin cho cling chtIng 'The only public Notice which is justifiable front the standpoint et true economy and the public interest, tham khao trong gW lam is that which roaches thaseWho Weaftectedbylt° vioc thubng to k6 tit ngay 20 Thing Tam, 2018 den S Thing Chin, 2018 tvi Santa Ana City Hall, 20 Civic Center Plaza, d lit Dia Blm San. IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII mu Comnity Development * A 0 0 0 0 0 4 8 4 0 2 8 1 a Agency, 6th floor, va office of the Clerk of the Council, 7 5A-50 Bth floor, N961ra, bin thio CAPER. Ong se 0 s$n 4 trang mong c6a Thhnh Ph6 b Oa chi: www.santa-ana. org/cda. Thu g6p y vi6t toy 0 bbn thio CAPER c6 th6 nop cho Community Development Agency bet ky 16c nho trudc 5 gib chieu nghy 5 Thang Chin, 2018 toi c6c dia didm ndu tren hooc bong email tal consolidatedplano santa•ana,org. Ai mu6n g6p y bAng mlong ve W thio CAPER xin 0 rnot tai bu61 Nu :tr3n cling c$ng c6a Communky Redevelopment and IHousing Commission vno ngby 22 Thang Tam, 2018, I6c 4 gib rVOI chi6u, hay toi The City Council Meeting vho nghy 18 ThAng Chfn, 2018, tai City Council Chambers, tga loc 141 22 Civic Center Plaza, California 92701,16c591645 chieu, VIEC TIP CAN CAC BU61 MQPVATAI LIEU; DAy ib myc Wu mh Thbnh Ph6 Un th6, No theo di6u khoAn Section 504 c6a dao IuAt The Rehabilitation Act of 1473, The Americans with Disabilities Act (ADA) of 1990 vh dao lust to chinh The ADA Amendment Act of 2008, The Fair Mousing Act, vh The Architectural Barriers Act. N6u quf vj nho d61 h6i do til fiou cling tong thea hinh that c6 the tl6p c8n dugc, Thhnh Ph6 se dbnh h6t n6 luc cb the d: th6a man cho quf vj, Neu quf vj cAn sVgl6p 8811@n quan On ngu6l ph6 tot 64 tham dy bu61 hqp hay di6u trAn, xin vui ling lien lac v8i office of the Clerk of the Council it nha"t 48 tiling tru6c bu61 h9p tai s6(714) 647.6520. 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Z �V '� 9 N a z � o0 D .0 cAi EW Z Sbly' m N W — o 01 U G C N :e S4 o42 Q � C ! °EE� �cros 2. •-. v S c m l m ro o a '3 �c '� aEcEi ro m E 49 a W 4 d Q 5 m QN 4 Z¢ m Q 4 Q� x C . 7SA-66 Al ƒ§m k\\ k°° 75A-67 EXHBIT1 OD 0 GL cca m` o oho o s3;er+jw U`I c 0 M � A 0 N N u E E U E o yo o E �T 7 E C O P E Q C d a N Q OC C. 4 C ,❑ 0. 2 ry •� � v ¢ CL a a d i/1 .T. G C E o c U � O y L c 0 O N p W z W V cca m` o oho o s3;er+jw U`I c 0 M � A ro 0 U E o O o x Mv Lf E U E C O N Q E Q C d a N Q OC C. 00 L" X68 a c c 0 N p W z W W g U LU Idi w o O W. O L. c O Q O Z Z o m W W W W O C r r a in ❑ a o U OU N 0 0] p CO ❑ N v C U VD o c w E U E N 9 N O O U N d G C � 9 G 9 R a 6 w° LL o c gU 0. Q. ❑ J ❑ Q.. W cca m` o oho o s3;er+jw U`I c 0 M � A ro 0 U E o O n E Mv Lf E U E C O N Q E Q C d a N Q OC C. 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CD p l t� FIa Q W a N c 7 a ¢ Z 75A-69 d m v m as U �o Z Z c p�• c � 6 O Q m ¢ m m m ¢ , /js EXHB|T1 \L / \ k> )�[f 2a 7k\$ H \5 _)a«< 0 0 «`rb E5 (n /()k {� Ln ){ !f )0M _ [§ \ )) EXHB|T1 / \ 2a H \5 E5 (n \k ){ � ƒ\ [§ . )) . \\ // ae � \{ 2a H E5 (n ° / . \\ ; f=:=o: ®{ 2�==0= / |i] Ac }\ ) ) / 2 0 'y K ;< \ (D / ;< ) � , 0 § '� ) /-9 Zo ;0 !a! 75A-70 EXHBIT 1 O ci o Lr) N N 0 (D E cm F IL if. 44 <( Ln 13. 0 U) rl o CL fn PC a > 0 0 0 m cz E MA E (v 9 L 0 ts A p 0 t5 U LU o m C7 co z z EXHBIT 1 O ci o 0 (D 44 <( Ln 13. 0 U) EXHBIT 1 m W6 N E 0) w 6 0 < z I L o m W6 N E 0) w 6 0 < z I L \m kk/ 75A-72 EXHmT1 B t k)\/ E} 0 {)]7 /I # \ /)\\ , � /\)/ Eii }8N ee/] , in u 75A-72 EXHmT1 B E \k/( /f/( ))00 /\\< _i -< /\2 , (U E (U Lu ui _ \ / EXHmTI . ... ■$( / ® F ) \ ƒ2 \ f / \ ) [ \ \/ \ a®® � )/� � § \ ƒ ��/) (\� ' \ \ 60= ) (n : \§ \/. \ / 2 g . m / § d : ¥ . \ § } \ ( § \ \ , \ \ (6 tw = f \ \ / ) r co m U) 288 q § `z / \ :il' ! � \j ' y )�' �� \/ /E \ ('4 'r, ) `! n _ , r ///\) \k))\\j�� �\\ \ 7§X- 2 co N (n N N M N EXHBIT 1 H O E E C P3 '- v a l n t� n� ° E $ N c p E a .c. c N Q O 0 C E c m E a a E ° N 45 4 In N � W .- Nlm f{{ ro � m EXHBIT 1 /5A—/4 h `Y, n r l n � Q E O N u�07 W N � W .- Nlm f{{ ro C ro 4 a E a a d a E K Ll V E 0 g N 05 jg w E v c 16 a > E taQi � 25 m i a E vro � U L c U � E 0 c U A E p In m W Li � c� ac `�v�nwl i j ro nmm> Q Itl o a d NDN N N� o w Y L Y g rna —C —C IL N ro 23 _ r N o �1 l I `N Y -E m N 25 — C m ( �Ny O 8 U NE (c� !—�� E °uj c �' E 2 A a W L U 'Ili }�p' 2 �+ '�0 ^ U E C i E o " ro —' w la: r_- _ CL •• c 0 U IL t¢ {Oj cg O N iE N 6 L' t c � l i I� N a ? U c S LL O. �aS I m 2 3 iu u a S9 i n 1a -. (4 C ° CnLL i_�_..._.,...0 :I-Oi O. qq a i' N /5A—/4 co •C N O _ v wlai-°i" C OJ fOI@! fE m 0 r N j0 ye� N 4 t�''t� [V H N y 0 u ;; 7546,-75 •5 y� v s � O M N a M Z a O m N d > EXHBIT 1 ° O O O O O O O O O o O ftl L O pv, eF p M O O O O O p p O O A O O pOp } 409 609 MI La 3 G O O O O O O O O O d 0 0 O m D H •C N _ v wlai-°i" C OJ fOI@! fE m 0 r j0 ye� N a m Q ° y y 0 u ;; 7546,-75 •5 y� v s M N a M Z a "aw m N d > O W Kz r U Q A z sz ai EEO g z N Q @ N of c O o U a5id 0 0 0 d 0 0 0 O O 2 O C � N N NQ5 t6 U N a •gyp ; C ;0 'C c v F' Y rn Q Fn z 4 U m Q.7 6 S F f�S CD N C N a CL Q v :a N U o rYn (0 N U ? >� O w V) M d J ca Y s 3 m (LC n Q N }J 07 c] 4 U o 8U N4j p d O W U N d• O OGl C c D C U Q p a ° N C y • ° O N O :L y, o cc °. d EXHBIT 1 ° O O O O O O O O O o O ftl L O pv, eF p M O O O O O p p O O A O O pOp } 409 609 MI La 3 G O O O O O O O O O d 0 0 O m D H •C N _ v wlai-°i" C OJ fOI@! fE m 0 r j0 ° (DE a m Q ° y y 0 u fn 7546,-75 Z M N a m N e6 W U A z sz ai z Q @ N of c O o 0 0 0 0 d 0 0 0 0 0 p O Qp N N NQ5 t6 U N 9 i •gyp ; C ;0 'C c F' Fn z 4 4 m Q.7 6 S F LL :a (0 N }J N _ v wlai-°i" C fE m 0 r j0 ° (DE a m Q ° y y 0 u fn 7546,-75 Z N C c� a m N e6 W U A z sz ai z @ of c G r Qp N N NQ5 t6 U N 9 i ;0 'C Fn z 4 4 m Q.7 6 S F LL :a I EXHB|T1 75A-76 T �) N 00 0 N clN N � N Ln E an ti 0 E G E o E v E m q v)m O m fo a L H c v a z C N + < o •�E q°iQ E a E U o j vi H 6 D �p U U 9 0 0 0 Z E O N c 'a 0 N E U E 5 coN fy EXHBIT 1 0 b� 'o. -O T H •• o mo --,) Y U a � 1/ N r y LU U m �- Naoaooa0000 o� m y ro U U n w_o U z Ul N o r - o m C y� >S in a 4 a m c C7 C7 .m. co ca a� O O O N O O N O N U (p 7 fy EXHBIT 1 E C O O O O O O O O O O O O O �Ctt a IL c z 0 0 0 0 0 0 0 0 0 0 0 0 O O C] f - o 0 o a o 0 0 0 0 o a o a � Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o a o 0 0 0 0 0 0 0 ro Fd N 3 � d b� 'o. -O T H •• o mo --,) � 1/ N r y � m �- Naoaooa0000 o� � Q h ti ro U 0 n w_o Z z oi$ N >S E C O O O O O O O O O O O O O �Ctt a IL c z 0 0 0 0 0 0 0 0 0 0 0 0 O O C] f - o 0 o a o 0 0 0 0 o a o a � Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o a o 0 0 0 0 0 0 0 ro Fd N 3 � d b� 'o. -O H •• Lu --,) O N U i a o c 3 0 EXHBIT 1 75A -7S n H N O N C a � N i E w E 0O E a c N c v a a o C u 4 w ay E E O L (n Q12 .> � C7 fw- 09 U 4 C N a o c 3 0 EXHBIT 1 75A -7S I N Nn H N U g 4 a O pc 0 z E c 2 'S EXHBIT 1 g N� v_; ti M 0 0 0 0 m M 0 0 0 `O O z m c U O ¢ U zif m J O C iia z U Z ;a t J a Z O N W (6 r C') ca rn U a � D b N N O N U a a s x a a v ¢ c m v '0 m a to ¢ i M a S c EXHBIT 1 wIa a �x 0 0 0 0 0 0 0 0 0 0 0 0 o O � O F .E a LD 6 0 0 0 o p n o 0 0 0 0 0 0 0 H N� v_; U M 0 0 0 0 0 0 0 0 0 0 O N c N zif m e r iia z U Z ;a t J r a � N � E Q rr V a a s x a a v ¢ c m v '0 m a ¢ i 8 p a c y 'C C ro G t� l pa 'w 0 4 Fn C E a m z E a a I M s a 2 ,-79 Mo e I- O O O O O O o p 0 0 0 0 0 0 Q � F wIa a �x 0 0 0 0 0 0 0 0 0 0 0 0 o O � O F .E a LD 6 0 0 0 o p n o 0 0 0 0 0 0 0 H I I N� v_; o. d c °'a E N zif m e r iia z U Z ;a t J N � E Q rr V a a s E= a a v ¢ c m v '0 m a ¢ i 8 c y 'C C ro G t� l pa 'w 0 4 Fn C E a m z E a a I M s a 2 ,-79 I I N� v_; o. c °'a E m .. m iia ;a OD N W LA 41 m N N p N fD MPR EXHBIT 1 75A-80 n +.r 0 N N E O E T E � afn Q > P Q m a M Z o ° E16 a c E E � [C7 � � NONOLII ,`G Vi a ti a m 0 v EXHBIT 1 75A-80 EXHBIT 1 V O O g 0 0 0 0 0 0 0 4 O O C � a ro s v �• f0 M O �- r ,- O O �^ b 0 b M '9 0 0 0 0 0 0 0 0 0 0 0 0 O N_ 'b x N O Q Q O O O O g 4 4 0 0 O O 0 F c O o o 0 o 0 o O o 0 4 0 O a x o 0 0 0 o a o 0 0 0 o a o o K :9 � a c � O 0 0 o a o 4 0 0 o a o 0 0 0 N eC 9 S m � I b W�a l�iy C z I W m c '�'. i m,0 a a Q n _ 'N m ,ti CP _ •2 v .I.., E m vM o E N'a d >a'> a cn E m ¢ ¢ ¢ n N p p) O L o N U¢> F Q Oo C p 'O 4L L ' S O M O w H Z Ian` V vaz8 cfo N n, w b C � O E ma o E v o CL �cn p U C7 � Y Z) C)LU a A } U U aa ¢ O C W a ¢ U N o ro a z cocd� m m U U 0 CO n Mco e " N O N U r Lk..,... EXHBIT 1 V O O g 0 0 0 0 0 0 0 4 O O C � a ro s v �• f0 M O �- r ,- O O �^ b 0 b M '9 0 0 0 0 0 0 0 0 0 0 0 0 O N_ 'b x N O Q Q O O O O g 4 4 0 0 O O 0 F c O o o 0 o 0 o O o 0 4 0 O a x o 0 0 0 o a o 0 0 0 o a o o K :9 � a c � O 0 0 o a o 4 0 0 o a o 0 0 0 N' N eC 9 S m � I b W�a l�iy C �i no� I W m c '�'. i m,0 a a Q n C� N' N eC 9 S m � I z m ¢ ¢ ¢ m N' " 1=fail 91 / 5H -OA& EXHBIT 1 i� M U 0 0 4 4 0 0 0 o r 0 O� F C ,S c m etl N C v IL � O o O p N 0 0 0 r p O f0 ~ t0 z H � a h t0 ,C C a �c a z m ro o > U Q¢ m Q¢ m N U % C a 5 m d 0 N f 4 a o c N. o ' C9 ON1 9 a z d U 0 O U > C) Z p W Y W O10 N C N J S r > m z o v N m ED m 0 LL N U U a W LLL O m E 0 N O N U0>1 C LL R C a o Q N a = m a N c aa` oai c © to ? EXHBIT 1 _ d H O O Q O 0 0 0 0 0 0 0 0 O O 0 0 0 O a N_ W a" U O O O O 0 0 0 0 0 0 0 0 O � a 0 0 0 0 Q o p 0 0 0 0 0 o Q N E O W N C E o 'R a 8 0 o a pW U o d N CL a E IL d Z k-83 i� M U 0 0 4 4 0 0 0 o r 0 O� hM C � hz c m etl v IL � O o O p N 0 0 0 r p O f0 ~ t0 z H _ d H O O Q O 0 0 0 0 0 0 0 0 O O 0 0 0 O a N_ W a" U O O O O 0 0 0 0 0 0 0 0 O � a 0 0 0 0 Q o p 0 0 0 0 0 o Q N E O W N C E o 'R a 8 0 o a pW U o d N CL a E IL d Z k-83 d c m etl Z z �c z 5 m Q¢ Q¢ m 00 0 N� N M Lri N N + M EXHBIT 1 75A-84 ra N C) N C ry G( C n = C N Ll N d a c E E �j E_ w y m 0 U C C d EXHBIT 1 75A-84 00 N v O w w 0 z N O;Q ='Z M mm Mi vLo rn N25 i� Q 6 'c 7 r N 'C N QS M LL 4 E � C1F'of0. O a N O i N U{ O e CD O O o E ' N 2 N W L ow c 5 m o } c ❑ m a € a c y Q O O 2 ,Di a p T N C � O O 0a � O m C d UI O c LL m d d OLU U U m K o N U a U U w o r Q Z) a h LL z o m N Vl 0 m N 0] Im m � s U U ° w 4'.F"sA4Nf A19 ST3�"M598:dA (D N lD N O N O N U r iJw� V Ay } a ? o 'o in LWMMIO.Iks O N O N O O O O O O O O O er � � r 12 N e G N 1 M O O 4 0 0 0 p 0 0 0 O N tll T p 'c 0. N O 2 F 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n. w I .0. N v O w w z z O;Q ='Z p mm Mi E U N25 i� Q 6 'c 7 Q N 'C 'ro C QS N LL 4 E � a N i U{ � 3 !�j N � LL ZI, wi13[ ro C O T O LL r ,c e c I S a n. iy JU I .0. g; w w z z O;Q ='Z p a Mi E U N25 i� Q 6 O N Q N 'C 'ro C QS N LL 4 I .0. g; L � N; o O;Q ='Z p Mi E U N25 i� U N:z � ro ro; OQ T FO- LL 4 k° EXHB|T1 Wl E 4T > cP o \ \ (k\/ o ` ƒ� 46 f/22 {kf/ � \ ) k° EXHB|T1 Wl I q0 Y N 07 U EXHBIT 1 .M � n, 0040040000 or. I�api C M iR C. O y i m 6• M 0 4 0 4 0 0 6 D 4 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M fU D Q1 N ob U iLr o Z Z a C s {p d w <C 4 O N N V m a Q F Lu o c I r c 0 0 0 O 52 c j{E �hi 5 m¢ E Q m U 2 N j Oc 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M fU D Q1 N ob o Z Z a C s {p d w <C 4 O N N V m a Q F Lu o c ai 52 c j{E �hi 5 m¢ E Q U N j C 'm111i11jj , D i N « N p r C i m a F�- iuy3� tl' G C I _ G v J4 LLi �uj W Q-,, rj_ , %� E . ,. N N . a E L N s N ® ° N ° N E 5 C i 0 � o c° r� E 'i f m a o m 4 N V N 9[ o m,yC c j O. d in a .. 75 =8-f 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M fU D Q1 N ob Z Z a C w {p d w <C 4 O N N V Q c .3 c ai 52 c y �hi 5 m¢ d z Q E o P a Lni W../. -IM Wiffoael n 0 E Y EE' a) ro d N cl > ° c .. c Y L 'c m E ° p E E 48 a � m 0 V Lni W../. -IM Wiffoael 17 ti 0 a+ N w E L E wco O C o > oo M c C C9 4 cm m c m 4 a v o o E v N c_ Y L ch E D E C m O U EXHBIT 1 U NO O O p Q Q O n 0 0 0 O N c w d m w M C o 0 0 0 o a n o non Q o a A .E4 H 0 o Q o o a o 0 0 0 0 0 0 0 0 U O O O o 0 0 0 0 p O p Q o m ya o 0 0 0 0 0 0 o n o 0 0 0 N C o 0 0 o p p o Q o 0 o n o @ rct c 0 0 o p o 0 0 0 0 0 0 o Q o N 0 0 ro Z U EXHBIT 1 U NO O O p Q Q O n 0 0 0 O N c w d m w M C o 0 0 0 o a n o non Q o a A .E4 H 0 o Q o o a o 0 0 0 0 0 0 0 0 U O O O o 0 0 0 0 p O p Q o m ya o 0 0 0 0 0 0 o n o 0 0 0 N C o 0 0 o p p o Q o 0 o n o @ rct c 0 0 o p o 0 0 0 0 0 0 o Q o W� U @ otl K{ tK S Z U � Z Q'I Z pCp C RCR N� o, ol ¢ N N N76 ¢ N Ni¢ c s c r N Ls m d m -�- � d� z¢ ¢ m d� o a r° ) EXHBIT1 75A-90 \ \){\ k£=§ a/{o (/\< ; < � \�\/� ® {k)! 3 � {/\ƒ . s / f . a ) EXHBIT1 75A-90 EXH B|T ] . \ I ) §a /d \ f\ 00 f � \ )IL foIm E 0 ®J {\! 2# \ Elk Ln �)\ < E <_@i \_0 ){{ ! in n- ! - �§\` 7SA- 1 )0 j\/ \ \ � �\\ � \ 0 _ § : ? / \ , @ ) \�0 UJ ��» 2 2 $$ §® EXH B|T ] . \ I ) §a /d \ f\ ■ f � \ )IL foIm E 0 ®J {\! 2# \ Elk �)\ E § \_0 ){{ in n- ! - �§\` 7SA- 1 )0 � �\\ � \ 0 _ § ! / \ , @ ) \�0 UJ +) 2 $$ §® B § \:} \ \ » � § § » B 8 \§ / \ {§ } ± # .. \/ ) .. \{ EXH B|T ] . \ I ) §a \ f\ ■ )IL foIm E 0 ®J {\! 2# \ Elk E § \_0 in n- ! - �§\` 7SA- 1 )0 EXH B|T ] . \ I EXHBIT 1 co IWO CO, WW S $ Nt t71 N rN�V„ �tq N N 4P Ln p � � n t0 M ipO u o 0 0 o a a o n b b b o o b �n a ° � IL 4 O O p O p 0 0 0 O O O O z rr` �Ml�i O 69�I O 6 0 O 0 0 0 0 0 0 0 0 4 q¢ m IL p = ,- � p lo - K }....� N a� n�' tLNp � N �. Ill O C' NLo E N4 fr1 0 0 O O O O O O O O p 0 O p i N O L 9 Q O CJI tp � li a M ,ate+ QO2 c � c O :Z' - nVi ry m C �i � P `- M E E s 0 E LO o n. f Ln _Q m R c� Y w J N 4 o fp 0 z 5 N m f/) i C% f0 W q7 z 'a ; U V N m C I G d c c Ej v :*:,.'. var�xx^^a-sza:xt+;•ra,;.w..sn ua o o E o LL; z,_ o I AA r E m M " m o N o N U Q i �.....I�..l..,� E 0 2 a �.... L�J W Ia.il-.I r u v q u. a. •e i 1m �1aa I o m c' mw w m aci a ,R E .4 y m :° m C' O b o E 5 ro. 4 z¢¢ m¢ 6 a 2 h° LL j o 75A-92 75A-93 EXHBIT1 � kE k\ ) $ \ \ {0 \ ) ) /f)}/) k~ ` «)§ 75A-93 EXHBIT1 � Ln " Qj N 051 E a p M 0 u E c E oEi N > o E N E o 2 � L aro a 2 � N E2 46 c E a _N E � O D r g U5 O m 0 U EXHBIT 1 0 0l 2 E o Lu 0 Q 1 > 0 0 0 0 0 0 0 0 0 0 0 0 O 4 c Mn m o �in 0 0 0 0 0 0 0 0 0 0 0 0 Y Z O O p S O �i, EIa"a .� 000000000000 0 ,,. m; u3 w a O O O O O O O O olio u c o o 000000000000 0 a 0 0 0 9 O O OAn T ~ 1 ro tl i p v [ co g to J U j 1 N III �p r _ 00 � � N• G g N �i J K C d 'D N N 06 in c m f •i�GO _ O L_. .L_..+. E a a Q m 3 .. G C = wLZI TD c 'a Z Q 75A-94 i\/ .0 > Qj \{\( !2e \ CL 0 ){)/ƒ ! E t�=a R°2 \k /\ / 75A-95 EXHBIT1 | \ \ \ WE IL )====e { ) 22 §§ ®o 2 )\)})))] �z 75A-95 EXHBIT1 | \ \ Lo JU. H w Q a� E E v n } , C N ❑v 0 � O C Po o c Z o d c H 0 m c 0. Z ni LL Il 0 a v E o i ai � Ln Lo46c e aZ E o w E o V � E E � E V- (n r p s $ 8 W!�o{ a �pp U Lo JU. w 41222. u yCyq � b a Ci •� N N 0 U N O E c Po o c Z o d � � c W 0 z ! v ni LL Il E re C] 9R a w � C yCyq � b a Ci •� N N 0 U N Q U E c Po o .-d Z o d � � c W 0 ! v ni LL Il re C] 9R a w � m 0 W }. N A Q U U m o 0 Zo Z o d ! N 0 C7to m p 12 U 0 1 m aZ E o ' civ tQi o U v re C] 9R a EXHBIT 1 i l w N m c`to, n A ! E E li I r p s $ 8 W!�o{ a �,....�,.....�.....: ; E" '� c TS a E ¢ o m o c� e 'm'13'cm' IUU;F°-i I-c�' yy y i ° c 75A-96 EXHBIT 1 i l w N co s N M INC) m m Ln N N V `�0 D P a ti a C N E y @ a. N In o J 0 O L c o a 46 O d�. �F�JyJz C c E a E N @ o E Q N � U) O c Q � V ro V ;, N N R, O d 0 0 0 0 0 0 0 0 0 0 O O 0 N U 0 4 0 b b O 0 0 D 0 0 0 O L = o 0 0 0 0 0 0 o b o 0 0 o b K o U d O 0 0 0 0 0 0 0 b 0 0 O d � c y O o 0 0 o p p o 0 0 0 o p d o O ' iN 2: d � O c qij L O a �? N E y a a n O d 0 0 0 0 0 0 0 0 0 0 O O 0 N U 0 4 0 b b O 0 0 D 0 0 0 O L = o 0 0 0 0 0 0 o b o 0 0 o b K o U d O 0 0 0 0 0 0 0 b 0 0 O d � c y O o 0 0 o p p o 0 0 0 o p d o O ' iN U I d O qij L O 1 f N E y I a ro mjloij�o fn a 10 I.U.. m U N 76A-97 qij L O `m W U N U A z Z asa 4 ro ro �Qp D C •'S � D .tU' = f0 U -____, 00 # � t ) ^ \_°§ f }\{/ \)\\)/) X777 -- = A as, � /j �\/ « .o »ERb �\)k : § -____, 00 ] 75A-98 A/;m■a | # � ) \_°§ f \)\\)/) ] 75A-98 A/;m■a | A M 0 ,aJ Np O E y q d E ov0 a m o E a -c.1 O O M H G C 17 4 o E E c m 4 a E o o E s c E H E E 0 0 D � � Q co CO O P5 Y� U �N- O U o EXHBIT 1 U C h ys tl a � o 0 0 0 o a o p o 0 0 o r x 0 0 0 0 0 0 0 0 0 0 0 0 A N Q z O O O O tl 0 0 0 0 0 0 0 o O O r C O O O O O O O g O tl 0 0 O f0 'x c. o a o a o 0 0 0 0 0 0 o c o o H 0 0 0 0 p 0 0 0 0 0 0 0 0 m c a 3 z ® 0 0 0 o O o 0 0 0 0 0 0 0 0 ro F° - N! ID X191= N d LLI N E r � a m qy � > 75A-99 C ID N a m qy � > C z z c a c oa U aZ Q Q U m m ro ¢ U 2 Q U N Z U> N Q U N N m Q Q z Q m kF/ EXHBIT1 � \ �ktk {{ 0 \ !E4! { 2)15 ]) r 8 88 ) )))f 7 t ;2 o) \ . �j=/--- a ® <� E # \}${ 57S J/]/ $f *�#& \\ ) \{§�7 ;\)0 J » 0 L9 E \\> \16 �( @)/) ( .( 75A.100 EXHBIT1 � \ �ktk {{ 0 \ !E4! { 2)15 ]) r 8 88 ) )))f 7 x\70 \ !!'E f m't ) \}${ J/]/ $f \\ ) ;\)0 J �( ( .( 75A.100 . P m o F 9 H 0 Na N � c � N v a LU D A o an C �O c 0 [y W o E m c t c E -0 E La B� o uj N Q co m U EXHBIT 1 0 0 0 0 0 0 It O e � N T d 0• V � O O O O O g q 0 �Y' O N " C O b 0 0 0 0 0 p O a 0 N _ 6 z a o 0 o p o p o 0 a o f - N C O O O O O Q O O O D O N�1 f ¢i g! � d t s � M N e N iLLIZO u°F .. L r 0 E j e Y N o E w y A Z Le U 2 a !U C N 0 C jF-i0. WS d Z � •Q N O N N N N � U Q } -�o p N � q. }v � c� m a � to U U) gg W v 4 n � O � E a m a z N mmp m m N N p O N CCQ1 U O d EXHBIT 1 0 0 0 0 0 0 It O e � N T d 0• V � O O O O O g q 0 �Y' O N " C O b 0 0 0 0 0 p O a 0 N _ 6 z a o 0 o p o p o 0 a o f - N C O O O O O Q O O O D O C o 0 0 0 0 a p a 6 0 0 a 0 0o b o a g p o 0 0 h N�1 f ¢i g! � d t s � M N e N iLLIZO u°F .. L r E j e Y N o E w y Z Le U 2 a !U C N 0 C jF-i0. WS d Z C o 0 0 0 0 a p a 6 0 0 a 0 0o b o a g p o 0 0 h A F i ¢i `v -c v � i Z Le U 2 C N 0 C WS A F i ®!f 3P= EXHB|T1 E /(/[ - }�\/ k{tr \/[}$ �§)2 b )/\E R§k{ \5/) e / u EXHB|T1 « ,!!»& §Es@/ - (k °D _ , . S »E!I f )[(/ \ . f==l .. _,= §__ k . . �a°2 =;t;, -a . | ! { E j ] ƒ /J )/ ) _ 75A.102 co h -a W a a p 4a U•4 so IcI _, H wo t0 St1 �En S N > {� N z U z u1 lf) r1 lhl ri IJI . 0 .NC U Vic Z7. N � o @ m m @ ¢ T3 @ a ON@ h k . .. Z Q H V f c 0-0 �G � ro c i a•.. i � NW U IFS i � h M i:7 E c @• ,�g �w�z cv r uy °�' y� M blue, @ G) U N c rui v f? E v, LL UO IS U 00 �Q'J� a s m a M E 75A-103 U pc C pE U F d -� 'A m .19 in w � U LLI U � m U U a ' [L Z 110 L O O U C) a a. a 1 EXHBIT 1 �, �pGbaapabaG p� c N � Alz�caaaaroGa�o GM N CO h. N C O O O p O Q O O G 0 0 0 fS O. � rn o � 6•- O p p p O p O O G O O b 0 u o a a o p p b a a p G a p r� a G G a a o o b cs • h -a a a p 4a U•4 so IcI _, H wo t0 St1 �En S N > Uf�f(ol z U z Q 0 .NC U Vic Z7. N � o @ m m @ ¢ T3 @ a ON@ h Q a Z Q H V T N U J w v 5 4 wo t0 St1 S N > Uf�f(ol z U z Q .NC U Vic Z7. E � o d m m @ ¢ a ON@ Q a Z Q H V f 0-0 c i a•.. i � NW U IFS i � h -c c @• ,�g �w�z cv r uy °�' .�� blue, @ G) U N c rui v f? E v, LL UO IS U 00 �Q'J� a s m a 75A-103 N ai w v 5 t0 St1 S N > � z U z .NC U Vic Z7. E � o d m m @ ¢ � N U Q a Z Q W N EXHBIT 1 75A-104 00 N (n N ti N � L E CL w o d f I E O O1 C ro Itl c m "G"' a 'ct m• Im E m `� c M , ¢ in a v a O = C Jj f1 7 00E N u m CLO Lo 2" o�v (n Ma m` 0 U d O O n o N 0. 5 0 0 0 0 0 F c�`o 0 000 c 3F`y o 0 0 0 0 O EXHBIT 1 o m a a E � N L '-" =S �O J O 55O i E E' o N U T N M b. b U -�o E J aC' Q p� U Yt 0 O O O W O L� ma0i a0i EXHBIT 1 o \i q. E' o a9ro� ova -�o 0 0 ma0i a0i U U V U tOW X09 p V mO nro Fromm a N N O N N L° 3w d C O C c N { RUM G) U U U 60.64 C � > > a n a c c a a d5 c�sy 'a p 'o `boo ��mro N '6 O wnr a tt' n� N 75A-105 EXHBIT 1 a N Ln m N "LM W E on a � a i 4 n 0 ,N Q N C, c E 4 0 0 j o o m i � o � y N p) E L .0 O c a ro � v 4 a W n U h c c w U p c v Ep V C E V E g V v .�e�y� �N vi a ¢ :Dca N rl� l7 m (D CDGo m 5 i 4 41 Ql U T Q N � 0- 4 0 0 U o NI i y N p) E N .0 O Q� W n U h ro L w U p c C V E g a �N 0. Z p N rl� N 4S N m (D CDGo m O C U U ° L rn o O rN a EXHBIT 1 U V, O N 0 0 0 r 0 a 0 O O w c o T W � OJ N h h 0 0 0 Y N III I O. N c � H O O O O O a 0 0 0 0 0 0 O p O•G� U p O D 0 0 0 p 0 0 0 g 0 O m MNM, O w U � � D LL — — --- ao � E o 0 0 0 0 o g o o o 0 o 0 0 a '> N Y C F 4 T Q N � 0- 4 J a EXHBIT 1 U V, O N 0 0 0 r 0 a 0 O O w c o T W � OJ N h h 0 0 0 Y N III I O. N c � H O O O O O a 0 0 0 0 0 0 O p O•G� U p O D 0 0 0 p 0 0 0 g 0 O m MNM, O w U � � D LL — — --- ao � E o 0 0 0 0 o g o o o 0 o 0 0 a '> N Y C F s 4 T U o NI y N p) E O Q� ro C V E �' m U N !E N VN z z z �i z � 'J i 't (b � N •C W 9 g N '� Q 0 m ro E (n � N Np j Ea E .. .. m�N p �02yMy LLI j -I £ ti E� m m C Q `>m 4 i,W Q UY a 2 H LL A E c� E c tii i� c a U° co C .E IUI-•ia Q Z O (J IL 75A-106 s E ro C m U N !E N VN z z z z � 'J i 't (b � N •C W 9 N '� Q b m ro E Ea E .. m�N �02yMy m � E� m s� m C Q Z Q 4 m Q UY ¢ 2 H LL i� I 75A-1 07 EXH B|T 1 I ! r\f ® ] ` ! f § 75A-1 07 EXH B|T 1 I ! r\f ® ] ` ! )/)) /)\ 75A-1 07 EXH B|T 1 I ." H N N N ti LM E F v LLI 1Z.g N C z o o 0 a o 0 0 o a o 0 0 0 x. q C y # S Q 0 0 0 0 0 0 0 00 0 o a o 0 O C1 •u C N N E E v a n cn E EXHBIT 1 d 2 C O O LU d U O v f0 ul d N U t o .Nc 46C 7 E � c mn UO 0 E C lila W B L o N Q m m m ul w o m m m U U U v LLI 1Z.g N C z o o 0 a o 0 0 o a o 0 0 0 x. q C y # S Q 0 0 0 0 0 0 0 00 0 o a o 0 O (D o h g. a C rn wa $ rn as N op M EXHBIT 1 d a N rn LU d U x � x ul d U t o .Nc in � ro N c C C lila W d Z o N Q m m m n _ m �° o m m U U ffi U mtl o LL, 0 ofo t0(l ,O V N V O r O N 0 0 0— 0 O M m a c o n o @s C 9 Q d N V O r O N 0 0 0 r O O. co•� O } P 9 9 0 0 a a 0 0 0 0 a o 0 0 0 rn a a N 'x �{ o y E2 c M :� c oa0000o00000 0 0 G o s u� a 0 0 0 0 a 0 0 0 0 0 0 y N m m m $a a y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 4 }° G D72 LL v LLI 1Z.g N C z o o 0 a o 0 0 o a o 0 0 0 x. q C y # S Q 0 0 0 0 0 0 0 00 0 o a o 0 O (D o h g. a C rn wa $ rn as N op M 75A-108 � � d a N rn LU d U x � x ul d U t o .Nc in � ro N c C C lila W d Z o N Q m m m n _ m �° o m m U U ffi U mtl o LL, 0 ofo t0(l v LLI 1Z.g N C z o o 0 a o 0 0 o a o 0 0 0 x. q C y # S Q 0 0 0 0 0 0 0 00 0 o a o 0 O (D o h g. a C E � wa $ rn as N op v LLI 1Z.g N C z o o 0 a o 0 0 o a o 0 0 0 x. q C y # S Q 0 0 0 0 0 0 0 00 0 o a o 0 O (D 0 x d N d) E LL i Id (D o h g. a '•8 � „ E � wa $ a m N op 75A-108 (D 0 x d N d) E LL i Id 9 N op x � x c C C lila ,� m z Q m Q (D 0 x d N d) E LL i Id {®i\ «(&( /2){ \7/) k -p _$20 = a, 16 E E ) R°e» )(/\ _ § { J /0000_ ) < 75A-1 09 EXHB|T! ® 0 ) \ /k�\�\ ) ) \ :E z ) < 75A-1 09 EXHB|T! EXHBIT 1 �l CT .00 N U �n N v a N p 0 0 0 0 0 4 a O b O iN n^ e m O S _ o a 40 0 0 0 0 0 0 0 0 0 0 0 v � Z F k _ d s, h o j a E g, ayiam `m N C) 0N E Z '� 00 0000000000 _� O 42 E o K v o E i N L4 o m cc d m m a do cLU E S ¢ m as m c IN 4 0 m m m N v m d z C0 ¢' N ob W N yy U s co m U U xcmxm�x±naxtircrx �,' o m �' W s m w t0 m .. tY w E N . Npp p fGryg NN pf t0 •C 'o 00 N CJ V jp 'pO 'R y a Q m Q G N c 'Q 'Ci Qp N m N 6m{ 0 I m o IL & m °~' �c maci >aci m •aEcEi rra�w m a, CL s o 7n a 5 t7 i Z 0. d 2 :0- 75A-1 10 a 75A-110 Go CL G k\]/ \\a ()// � aK( \/ki� app /EE _ Cft CL G k\]/ ()// � )`y« \/ki� , /EE t 45 �\{f k _ § Cft 75A.111 EXH B|T 1 I � k / ) ! { ) ) 0 \ | !\_) ! / 02]\00/)kk 75A.111 EXH B|T 1 I � ' ti o c v E C o E T o cn E L Q C mrn'c - d. Q 4i Q w 2 c E 0 N 's m Lu N q} ,y V uo�.7$ L d v a a a d 0 c 0 zZ X 0 u) 3 EXHBIT 1 oCo M T d m N Z 0 0 0 o g o 0 0 0 0 a o o a 1° F o 0 o p o 0 0 o g o 0 0 0 a ao 0 0 0 0 0 0 o a c o 0 0 0 H Q a o 0 0 0 o a o 0 0 0 0 0 0 s Q 4i w m N 's m N q} ,y V uo�.7$ L N 4 o Z Z Z U N C } y E y N W Q m *Y ?u t3 12ca !!l111U m �m <zztld 0 " ) !000,0 ; k J 75A.113 EXHmT1 I I EXHBIT 1 TO O Y 0 0 0 0 0 0 0 O O ^x % G N Z d Y y^ H EP3 m o 0 0 0 0 0 o 0 0 0 0 0 0 O N a o z = a o 0 0 0 0 0 0 0 0 0 0 p a o 0 0 0 0 � o 0 0 0 0 o Opo 0 0 0 0 O1 N e 'o F� LL LU O r- ro "O LL z LU 7 0 0 0 0 0 0 0 0 0 0 0 0 0 a N N o3F � p 0 0 0 0 0 0 0 0 0 0 0 o O H Y" 0 C N E C E N N je } E v E ❑ v n o C0 ❑ E d v M 4-I a N a O V S a, C 4i t7i 7 c m Es h Co[a C E E 46 'y O W U7 m o p @ m U IYI 0 U EXHBIT 1 TO O Y 0 0 0 0 0 0 0 O O ^x % G N Z d Y y^ H EP3 m o 0 0 0 0 0 o 0 0 0 0 0 0 O N a o z = a o 0 0 0 0 0 0 0 0 0 0 p a o 0 0 0 0 � o 0 0 0 0 o Opo 0 0 0 0 O1 N e 'o F� LL LU O r- ro "O LL z LU 7 0 0 0 0 0 0 0 0 0 0 0 0 0 a N N o3F � p 0 0 0 0 0 0 0 0 0 0 0 o O H Y" t � i N w IL 0. J O E O � e CL .,wco U 4 c m 'y O W U7 @ o p @ m U IYI 0 Zi ro ey ay O a. IL O > • � I' rZ'- N o � > C7 U `Y m Z W Z U V •= yy f0 � a W �' N c � ? N O N ggE U EXHBIT 1 TO O Y 0 0 0 0 0 0 0 O O ^x % G N Z d Y y^ H EP3 m o 0 0 0 0 0 o 0 0 0 0 0 0 O N a o z = a o 0 0 0 0 0 0 0 0 0 0 p a o 0 0 0 0 � o 0 0 0 0 o Opo 0 0 0 0 O1 N e 'o F� LL LU O r- ro "O LL z LU 7 0 0 0 0 0 0 0 0 0 0 0 0 0 a N N o3F � p 0 0 0 0 0 0 0 0 0 0 0 o O H Y" t� N w IL 0. J EXHBIT 1 TO O Y 0 0 0 0 0 0 0 O O ^x % G N Z d Y y^ H EP3 m o 0 0 0 0 0 o 0 0 0 0 0 0 O N a o z = a o 0 0 0 0 0 0 0 0 0 0 p a o 0 0 0 0 � o 0 0 0 0 o Opo 0 0 0 0 O1 N e 'o F� LL LU O r- ro "O LL z LU 7 0 0 0 0 0 0 0 0 0 0 0 0 0 a N N o3F � p 0 0 0 0 0 0 0 0 0 0 0 o O H Y" t� E N 'y ry � tL / @ m ro ey ay > a > Z Z Z o •= yy f0 � t0 •C �' N `w E X22 Ea D Q W N f0 Q m U 19 D is i4 f4 3 i4 E ;u) ,ve `m w aci m m C a E 5 m iaz¢�a�m¢ox E t� ;4 , )\/ J r2 �E ) ))7k/! 75A.115 EXHB|T1 | co a N ) O V1 N N to N E m 0 F 00 EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 H Y } a N � c M o N E CL } E A > `o q 0 d ❑ E O a m O c d ainN � b Q+ z 0 z � W F _OEi (p c cuzv¢i o c ` LU N E MO E r0 (n U 0 in Ln J M c 4 O= ¢ � o � W O m pmp U EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 c L 4L N } N � c M Q U Q 2 'S C1 d T y N d F. a a m O c d ainN � o Q 0 z � W o ni (p LU EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 c L 4L N � a � c E Q U Q 2 'S C1 d T 0 N N v N a m � c d ainN � � j Q � W c ni L �LL EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 c L � v C7 o d a a a U Q 2 f m g 0 N N j E q m ry�N � W O � 0 O LU a; (n U m a J M c 4 M z o � W O m (D C m m m N >. At U U v IDa � � LL I m il.I p� 7 N O N U L O N EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 c L U5 C7 o d a a a U m g 0 � N j q m ry�N � 0 O a; � FTIC y y a W O m (D C N N G O >. At LL ,r q V A 1 IDa � � LL I to U 4 79 EXHBIT 1 U 0 0 0 0 0 0 0 4 0 0 0 4 O E _ n o F Q Q O O O 6 0 0 0 0 0 0 q O G F C 0 0 0 0 0 0 0 0 0 0 0 0 q N_Ja O O O P O O O O O O O tl O O � o F V O O O O O O O a 0 0 0 0 d C m a 2 o 0 0 0 0 o n o 0 o n o 0 0 00 i� vi d a 0 j 06 y y a t�t.0 N � (D N N 'c i Ec IDa a d 4 m cm m ¢ O q 0 oaSmd�d�z m o_ A-116 00 i� vi . a 0 j y y a � ;Q O q o_ k f2ge`s/ a E { } § « k k)}\ 2;;; 22)) m //� §222 ,!t! )))] (\/\ 75A.117 EXHB|T] \ \ ) ) ! ) ! ! 0 §0 -B a E { } § « k k)}\ 2;;; 22)) m //� §222 ,!t! )))] (\/\ 75A.117 EXHB|T] \ \ ) N " two E m © F a E p r:r: k L � � n a $I N N U O p 0 0 0 p 0 0 0 0 0 0 O N T f 0 0 a o 0 0 0 0 0 0 o a o 0 0 0 0 a o 0 0 •C d N 2 v a o 0 0 o a o 0 0 0 0 0 0 0 � ro Q� N_ T 0 0 0 0 0 0 0 0 0 0 0 0 O O ti of IC ;LL ti 0 N Nu E w N W CL E E O 5 o L U M a 2 ro�C, c E o a E y a Z.e a 0 E� o 75A-118 oa E E Q ¢ VQ O B D ,S v vwc U E p r:r: k L � � n a $I N N U O p 0 0 0 p 0 0 0 0 0 0 O N T f 0 0 a o 0 0 0 0 0 0 o a o 0 0 0 0 a o 0 0 •C d N 2 v a o 0 0 o a o 0 0 0 0 0 0 0 � ro Q� N_ T 0 0 0 0 0 0 0 0 0 0 0 0 O O ti of IC ;LL �{piL Z!.o1N �. d I..,. N N w U W ~ N Uy� y L Z z C I I cc CL d 75A-118 1{ v� N N N w U W Ny N Uy� Z L Z z oa 4� Q z Q ¢ m 1{ 0 ~) � ! k } \ ! j 75A.119 EXHBIT1 ) \ ) ) ] » § § ! f @! /!)k/I ! k } \ ! j 75A.119 EXHBIT1 T N T N H � UJ Ql N n°Pa > d U 00 O O � r E h H ;r N N C (v Env J E 'N W 00 o E U) E E > 7 �Op Q O 'o of "" a••' 4 N C N C C ¢ CL 0 0 0) E ) zN O y w 2 C O C O C: Q p Q E E o E v -A N CL ) IL Zin o O O Q VVj C9 U' ca rn '.ca � O m O o N O > d U 00 O O � r E EXHBIT 1 ;r 'N W 00 E N E rL O IL U X ¢� Q U ro O y w 2 LLl A O C O W U Q p Q � @ otf m -A o N IL Zin o O O Q z C9 U' ca rn '.ca U O a Z o N O N ggE U N } c 11, M, U 0 0 0 0 0 0 0 0 0 C, 0 0 O C N 3 = O U�H E EXHBIT 1 i Oh 'N W 00 E i E E ro O y w 2 O a N r•. m o 0 0 0 0 0 o p o � @ otf C11 at a U z z Z } c 11, M, U 0 0 0 0 0 0 0 0 0 C, 0 0 O C N 3 = O U�H E V E E E w y N m � @ otf C11 at a U z z Z z S2 a m m o x c c N ;5% E�.ro c @ o] Q a 4 z 4 E m a m per, O O O O O O O O O p 0 0 O O �E o b � •� 4 0 0 0 0 0 0 0 O O O O O h�r W W o0 a te c $ K ( lL } c 11, M, U 0 0 0 0 0 0 0 0 0 C, 0 0 O C N 3 = O U�H E E y N m � @ otf C11 at U z z Z z a m ;5% E�.ro c @ o] Q a 4 z 4 E m a m E F- li ;a /g M /)ƒ \IL £ _y \; 0 { J / ^ ! °k ) ))/) R k / \ ) � 0000 �( 75A.121 EXHBIT1 Co w NN /1 N O J C i , i a t 1 C � N R E *c EEj � m ro k O M CL N m N c ° m ❑ 7 5 G w a m ¢ Z (D 4❑ z t ° E m EEp a E O N N N rn ❑ V n��' Jam' . gd"' � LU V U > d 0 > W a ° N o ¢ co A N O m a z o ¢' to m U L) m - az LgL,-U)3 abNjNa EXHBIT 1 75A-122 C ,O � 01 Q 1 .a o O O O o O O O O O O p V v y 0 0 0 a a o 0 0 0 0 0 0 0 o a >75 U p p 0 0 0 0 4 0 0 0 0 0 O o dj L ❑ H lm 3 •� g o. iS o o 0 0 0 0 o a a o 0 0 0 9 y N C W Wp' N c a LL , o 0 0 a 0 0 0 0 0 a o0 0 n a m O 0 0 0 0 0 0 0 0 0 0 4 0 O O N C }_p $ � N Eo ° v NP v �ro N� mi a ,{,.•. m oa as E > > Q� i S Z Z Z c y o ; a42 0 Ca w 2 I O: y a N L to to m wi :¢ m imo Ci c a a m m ¢A v m a rn .. 0 C7 e -o m u p- W 22aYY a U �m!"� g a m ' To o O.-. m ro a E •'� '° EE Z m 4 m E .ac y p co U !.alp 5 m 4 h° (i e ❑ gr uc. i..„l .. >.1...._I ��' 75A-122 e \k} 75A.122 W 00 1]m w w P a EXHBIT 1 ti O N N d i E fc N E ) d co d = > p m N Y E ,.. ...',...f IE d E c U .2 c C9 LL E d x° oa) 7 o F E E (O UinVU 47 '5A-124 � } 0 u D W � x z m c c Q EXHBIT 1 O O O O O O O 0 0 0 0 0 O ro Q� N SSF x O o 0 0 0 0 0 o b o 0 0 0 0 0 N H O W fc L o d co LL Z194 wlFf- m N Y E ,.. ...',...f IE d E c U EL c C9 LL c d c J CQ all a�ol o F m o � UIF' UinVU o N '5A-124 � } m D W � z o c c Q I N 4 N U r n' aoob00000aa o� � o � � x �c OIL O t0 0 0 0 0 0 0 0 4 T _. �•fN O �- Y i � e- �O, th�M O O O O O O O LO E9 f9 N m a a � z c h F O O O O O b O O O 4 a O O O i3Q6 FO- MiM An w rr o o F O O O O O O O 0 0 0 0 0 O ro Q� N SSF x O o 0 0 0 0 0 o b o 0 0 0 0 0 N H O W fc L o d co LL Z194 wlFf- m N Y E ,.. ...',...f IE d E c U EL c C9 LL c d c J CQ all a�ol o F m o � UIF' UinVU o N '5A-124 � } m D W � z o Q c c Q I N 4 N U r O O O O O O O 0 0 0 0 0 O ro Q� N SSF x O o 0 0 0 0 0 o b o 0 0 0 0 0 N H t fc L o N ; LL Z194 wlFf- m � Y E ,.. ...',...f IE d E c N - C9 a E y c d c W CQ all a�ol m o � UIF' L '5A-124 N m t L N ; N m � N A m ? N ? L E N c d c W ;a 4 N m � c c Q m t L N ; N 0 i T ; N A m N i E N L ;a *091 qkf! � $ — of { ( �)^y§ aF ! k®)\ k 7{§\< . /)�0Z &!E< § ,E /S:`®y{ \ƒ' e . s o e 5m a }\}\/ k` k\y\! \ ^J\ ) a /0 r .E 75A-1 25 Z E U E H 8 m 002 H ccLy O iQ C N a 1 m 1 ❑ ; %aOla` C d E N g m c U p ro 0 m W o G (A O S z Z ; m i W U) a z > c N Q c E Q E 8s E �N O �> U X00 l0 w d L6 V c 4 � o N C7 07 3 m U Z E U E H 8 m 002 EXHBIT 1 U N r 0 0 0 0 0 0 0 N 0 d{ C a o �nz m IL N a N 0 0 0 d' N O V O O h. r r U O d 0 0 0 0 0 0 0 0 0 0 O F O O O O O O O O o a o 0 O O o o o O O a O o o O o cho o a I� y M v o 0 0 0 0 o a o 0 0 0 0 o a o 0 0 0 0 o a o d o 0 0 0 V y T 0 0 0 0 0 0 0 0 o a o 0 0 0 0 ccLy t iQ v� N a w m 1 ❑ ; %aOla` C d ro a ° a z >A-126 n. m U a U W o G (A O S z Z ; m i W U) a z > N y Q co ca o ° w �N O N U X00 l0 w c N ;P o N EXHBIT 1 U N r 0 0 0 0 0 0 0 N 0 d{ C a o �nz m IL N a N 0 0 0 d' N O V O O h. r r U O d 0 0 0 0 0 0 0 0 0 0 O F O O O O O O O O o a o 0 O O o o o O O a O o o O o cho o a I� y M v o 0 0 0 0 o a o 0 0 0 0 o a o 0 0 0 0 o a o d o 0 0 0 V y T 0 0 0 0 0 0 0 0 o a o 0 0 0 0 ccLy t iQ v� N a w m 1 ❑ ; %aOla` C d ro a ° a z >A-126 v� "}r i m ep U z .0 z Z ; N y Q f0 (0 l0 c = s 3 m N 5 vl Z Q J 0 \` f LO 75A.127 EXHBIT1 B ) ( § ) ) \ ! § ] )/\//{ 0 \` f LO 75A.127 EXHBIT1 B a' a' O I`•. N.NY f N Z a Cl)CO 1 aN °o j n 'w; z z v� I N c a c Od j U U n Yn tip i�i' E iw¢.I- :, t 0 a � = m E 2 2 c a c OU o N o a s o c7 LL U~.i 4` ¢ z 75A-128 i s N N i EXHBIT 1 co 0 j •U N � i Q N QJ oN (T ENS» W V LA Ln Ln La N n o � N d � 4 N Q 1 _ z N N N Lq E N NDN C O O b O O O O O 6 0 0 0 O 3j a o 3 b o 0 0 0 0 0 0 0 0 0 0 0 0 c < E N ti O E N N N(d U Cdf4 a N N�In T O w N E Q N Oa C r Q G © lU O 'm 0LL C7 C C t0 j� ili c H c_�,.._ C a p Y a o y 2 E Ja m o oo� 0 E V C7 o o P3 n12 8Q O O ¢ rooi a' a' O I`•. N.NY f N Z a Cl)CO 1 aN °o j n 'w; z z v� I N c a c Od j U U n Yn tip i�i' E iw¢.I- :, t 0 a � = m E 2 2 c a c OU o N o a s o c7 LL U~.i 4` ¢ z 75A-128 i s N N i 0 j •U N � i Q N IL ` Q:: � � 75A.129 *M OM 0.1 NO 1, co O N i N EXHBIT 1 w CI N *C EO Mp ZLo O }� Enh W 2 .o N N O 01 .h 0 O b 11i � K 'a O .O fn a N _N Z Z iV c m ++ e d Z W o C h N M e A C E H E E Z ' Z V) o r E .5 N O Ny a L' � A a d G 2 U - c U i EXHBIT 1 w N N ' Mp ZLo O N Enh W 2 .o i eIL .h 0 O b 11i � K 'a O .O fn a N _N Z Z iV 0 0 m Z W o Q M1• h N M e A m U ca U d Z ' Z a off,. r O O O O O O O O O O O O O N O Ny L' A a d G 2 U - c GC m b to 2i 6. [L G N J 2 EXHBIT 1 i N N MO Mp ZLo iW N Enh W .o i eIL .h 4; b 11i � .................� 'a O .O a N 0 0 m Z o o N M e F Z ap Z ` 6 off,. r O O O O O O O O O O O O O wil- A a G 2 � G r 'a C uj 4` � �Q � N •C C � C G I y 0 OS 'C .O Q O Q d yCL O r h V O C 2 5m¢¢2 Q¢ v O r(l(PZ 2 LU EvI� P1 �x d II y o 75A-130 N lL ill 13 � w F3� a O e� w «� r• 2 MINI i N C i .................� N M e Z ap Z ` 6 wil- 'a C uj 4` � �Q � N •C C � C G I y 0 OS C j i i .O Q m Q is yCL t10i �C� 5 ' 4 2 5m¢¢2 Q¢ m. C IV'ra j 75A-130 $ U - � � - 75A.131 M/ MA k )f)k)/ f , 75A.131 M/ MA EXHBIT 1 CNt N_ Y y 0 ❑ 0. O a cl q ���� .� 0000pp000000 0 2 _ a N d � S Y N N _ N❑ 6 O! lyf](O P R r E O hiJ' 69 f LLN p i C 4L N �tj 'ry O m O �E �, •� O O 2 . a N Y f0 � � C O s m �' E e o � w 3;r 'E C7 0 m 1� Z Z Z o r O I}INS � U O i i. . O O i'coP LL LL m caO C F i ! 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W W VJ h. OY 01 N M I.f) W LO l0 tD t0 i0 t0 t0 l0 H 1p 1.0 lG 1p l0 4D lO �O d a a 75A-147 § [ '\ §Ld§ § ® ) �§§ 2),) \ 2 IDGiN m LU \ e#!& d ID . _ _ 75A.14§ 7.® / §§- -14 ) � §!R= *e�2 +\ ;3- /k\ fR2 k\\ »C2 a=§ \ k § _ w K; §«� §2! //\ \W. ��� s8 ; = 77 \ � § [ ( ) \ ) k) § \ 2 2 m LU \ / ( d ( 00 � § � 7/CL Ln co Ln k) \ 2 2 m LU \ / ( d ( 00 � § 75A.14§ � 7/CL \\r4 §!R= *e�2 � )/ 75A.14§ W4MMUS EXHBIT 1 ATTACHMENT 3 75A-150 m v 0 E E 7r \�{/ LU U) :2 rl N !1l,7 ItA EXHBIT I I ■ E X \ .�...�..... . @ @ P@I a v O � LL I I F�G� y' Ali Nom@ V @ p rnw o �7 .FCCDS v2N O g® �xlNN oL NN� s 14 0 c C N r5 wp+ EM2 I, { E• dN0 r IC0' �.......99;M $$aoq ,ro Ua rE= EtiO I °gi �'j91 •� Ge< wE 0fEg j {[ N N2 cpm %a� cmo rn�n ap,�E NO� � pu 'mc .p. �3 a0'i 080 @ P@I pad O I I F�G� y' Ali V @ p rnw o �7 .FCCDS SISSSM O �xlNN P W 2 0 00 I, { d gg�8 N cpm %a� Wim+ mOO �r ! 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Z { J f ¢ j W I I U f s io C I NN j U 1 ELU g Ug co ,a i ZaZ LU 75A-154 /!/ \�2 a U) ƒ�U) : k,) (;( 33m 0 ) ) TV \ } -155 EXHB|T] EXHBIT 1 ATTACHMENT 4 75A-156 EXHBIT 1 SANTA ANA, CA PART Is SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) O6 FUNDS RETURNED TO THE LINE -OF -CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENTTO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II; SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT(LINE 09+LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11.14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART IIII LOWMOD BENEFITTHIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17.20) 22 PERCENT LOW/MOD CREDIT (LINE 2I/LINE 11) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDI TURES SUBJECTTO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFITTO LOW/MOD PERSONS (LINE 25/1 -INE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TOPS CAP 35 TOTAL SUBJECTTO PS CAP (SUM, LINES 32.34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/1 -INE 35) PARTV: PLANNING AND ADMINISTRATION(PA)CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENTTO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 75A-157 7,621,442.81 5,284,239.00 0.00 0.00 190,420.11 0.00 0.00 0.00 0.00 13,096,101.92 9,824,55019 0.00 4,824,55019 939,182.81 0.00 0.00 5,763,733.00 7,332,368.92 0.00 0.00 4,324,550.19 0.00 4,324,550.19 89.64% PY: PY: PY: 0.00 0.00 0.00% 699,761.23 0.00 0.00 0.00 699,761.23 5,284,239.00 2,258,707.04 0.00 7,542,946.84 9.28% 939,182.81 0.00 0.00 0.00 939,182.81 5,284,239.00 190,420.11 0.00 5,474,659.11 17.16% EXHBIT 1 - - -7 Program Year 2017 SANTA ANA, CA LINE 17 DETAIL ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ONLINE 17 Report returned no data. LINE 18 DETAIL; ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTERON LINE 18 Plan Year IDIS Project IDIS Activity Name Matrix Activity Cade National Objective Drawn Amount 2015 19 2093 CDSG15-MFR-Santa Ana Arts Collective 14G LMH $500,000.00 14G Matrix Code $500,000.00 Total 1997 $500,000.00 LINE 19 DETAIL ACTIVITIES INCLUDED IN TWE COMPUTATION OP LINE 19 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Cade National Objective Drawn Amount 2014 21 1997 6142948 CDBG14-PUBLIC FACILITIES IMP-SARTC 03E LMC $23,375.73 2014 21 1997 6161995 CDBG14-PUBLIC FACILITIES IMP-SARTC 03E LMC $73,941.06 2014 21. 1997 6183926 CDBG14-PUBLIC FACILITIES IMP-SARTC 03E LMC $22,082.70 03E Matrix Code $119,399.49 2014 10 1965 6077101 CDBG14-PARK IMP -PACIFIC ELECTRIC 03F LMA $55,915.32 2014 10 1966 6096860 CDBG14-PARK IMP -PACIFIC ELECTRIC 03F LMA $100,931.44 2014 10 1966 6123783 CDBG14-PARK IMP -PACIFIC ELECTRIC 03F LMA $12,001.54 2014 10 1966 6135056 CDBG14-PARK IMP -PACIFIC ELECTRIC 03F LMA $497.79 2014 10 1966 6146570 CDBG14-PARK IMP -PACIFIC ELECTRIC 03F LMA $26,519.64 2014 10 2034 6076324 CDBG15-PARK IMP -PACIFIC ELECTRIC 03F LMA $4,289.83 --- --2014 10-- -- _-2034— —6077101 CDBGkS=PARK-IMP=PACIFICELECTRIC _ 03F LMA $64;199:99 2014 i0 2034 6083645 CDBGIS-PARK IMP -PACIFIC ELECTRIC 03F LMA $101,878.71 2014 10 2034 6093935 CDBGI5-PARK IMP -PACIFIC ELECTRIC 03F LMA $394,288.24 2014 10 2034 6114929 CDOG15-PARK IMP -PACIFIC ELECTRIC 03F LMA $268,974.33 „ 2014 10 2034 6123783 CDBG15-PARK IMP -PACIFIC ELECTRIC 03F LMA $249,761.35 2014 10 2034 6135056 CDBG15-PARK IMP -PACIFIC ELECTRIC 03F LMA $23,235.10 2014 10 2034 6146570 CDBG15-PARK IMP -PACIFIC ELECTRIC 03F LMA $84,109.74 2016 17 2079 6123783 CDBG16-PARK IMP ROOSEVELT WALKER 03F LMA $30,703.05 2016 17 2079 6146570 CDBG16-PARK IMP ROOSEVELT WALKER 03F LMA $110,635.74 2016 17 2079 6161995 CDBG16-PARK IMP ROOSEVELT WALKER 03F LMA $237,089.62 2016 17 2079 6165436 CDBG16-PARK IMP ROOSEVELT WALKER 03F LMA $64,544.74 2017 10 2128 6105419 CDBG17-PARK IMP PACIFIC ELECTRIC BIKE TRAIL (2017) 03F LMA $11,014.93 2017 10 2128 6123783 CD13G17-PARK IMP PACIFIC ELECTRIC BIKE TRAIL (2017) 03F LMA $613.65 2017 10 2128 6161995 CDBG17-PARK IMP PACIFIC ELECTRIC BIKE TRAIL (2017) 03F LMA $1,067.35 2017 44 2131 6165436 CDBG17-PARK IMP BIRCH FENCE 03F LMA $1,386.00 03F Matrix Code $1,843,658.10 2016 18 2089 6088360 COBG16-STREET IMP - MADISON 03K LMA $1,431.85 2016 18 2089 6093935 CDBG16-STREET IMP- MADISON 03K LMA $439,690.40 2016 18 2089 6096860 CDBG16-STREET IMP- MADISON 03K LMA $22,694.08 2016 18 2089 6105419 CDBG16-STREET IMP - MADISON 03K LMA $13,204.24 2016 18 2089 6114929 CDBG16-STREET IMP - MADISON 03K LMA $29,222.57 2016 18 2089 6123783 CDBG16-STREET IMP - MADISON 03K LMA $7,490.70 2016 18 2089 6135056 CDBG16-STREET IMP - MADISON 03K LMA $43,309.51 2016 18 2089 6142948 CDBG16-STREET IMP- MADISON 03K LMA $8,127.37 2017 47 2153 6178442 CDBG17-PARP IMP CENTENNIAL WALKWAY 03K LMA $2,209.14 03K Matrix Code $567,379.86 2015 14 2059 6088360 CDBG 15 -SIDEWALK IMP-WILLITS 03L LMA $778.50 2015 14 2059 6093935 CDBG15-SIDEWALK IMP-WILLITS 03L LMA $265.50 2015 14 2059 6114929 CDBG15-SIDEWALK IMP-WILLITS 03L LMA $336.58 2015 14 2059 6135056 CDBG15-SIDEWALK IMP-WILLITS 03L LMA $16,259.14 2015 14 2059 6142948 CDBGIS-SIDEWALK IMP-WILLITS 03L LMA $23,105.17 2015 14 2059 6153279 CDBG15-SIDEWALK IMP-WILLITS 03L LMA $354.49 75A-158 EXHBIT 1 �O PR26 -<DBG Financial SummaryReport �'44N 110 Program Year 2.017 UEYOO. SANTA ANA, CA Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2015 14 2059 6161995 CDBG15-SIDEWALK IMP-WILLITS 03L LMA $2,347.74 2015 14 2059 6178442 CDBGI5-SIDEWALK IMP-WILLITS 03L LMA $109.14 2015 14 2059 6183926 CDBGI5-SIDEWALK IMP-WILLITS 031- LMA $3,122.65 2015 14 2059 6186917 CDBGI5-SIDEWALK IMP-WILLITS 03L LMA $3,434.10 2015 14 2059 6189060 CDBGI5-SIDEWAl,K IMP-WILLITS 03L LMA $2,070.75 2015 15 2060 6088360 CDBG15-SIDEWALK IMP-EDINGER 03L LMA $778.50 2015 15 2060 6093935 CDBG15-SIDEWALK IMP-EDINGER 03L LMA $265.50 2015 15 2060 6135056 CDBG15-SIDEWALK IMP-EDINGER 03L LMA $11,150.00 2015 15 2060 6142948 CDBGI5-SIDEWALK IMP-EDINGER 03L LMA $2,206.84 2015 15 2060 6161995 CDBGI5-SIDEWALK IMP-EDINGER 03L LMA $15,651.25 2015 15 2060 6IB3926 CDBG15-SIDEWALK IMP-EDINGER 03L LMA $325.85 2015 IS 2060 6186917 CDBGIS-SIDEWALK IMP•EDINGER 03L LMA $3,434,10 2015 15 2060 6189060 CDBGI5-SIDEWALK IMP-EDINGER 03L LMA $1,490,90 03L Matrix Code $87,436.70 2017 9 2114 6165436 CDBG17-NP-Legal Aid -EXP 05C LMC $30,952,05 2017 9 2114 6188177 CDeG17-NP-Legal Aid -EXP 05C LMC $11,917,94 05C Matrix Code $42,870.00 2017 9 2104 6142948 CDBG17-NP-Illumination Foundation OSD LMC $15,407.84 2017 9 2104 6183926 CDBGI7-NP-Illumination Foundation 05D LMC $37,498,84 2017 9 2104 6186917 CDBGI7-NP-Illuminatlon Foundation OSD 4MC $24,383.32 2017 9 2105 6142948 CDBGI7-NP-America On Track 05D LMC $11,827,12 201.7 9 21.05 6183926 CDBG17-NP-Amerlca On Track 05D LMC $30,883,14 2017 9 2105 6186917 CDBG17-NP-Amerlca On Track 05D LMC $16,029,74 2017 9 2107 6114929 CDBG17-NP-Boys & Girls Club 05D LMC $20,431.79 2017 9 2107 6142948 CDBG17-NP-Boys &Girls Club 051) LMC $9,736.44 2017 9 2107 6178442 CDBG17-NP-Boys &Girls Club 050 LMC $20,125.66 2017 9 2107 6186917 CDBG17-NP-Boys&Girls Club 05D LMC $11,538.11 2017 9 2108 6114929 CDBG17-NP-Delhl Center 05D LMC $17,561.15 2011 9 2108 6142948 CDBG17-NP-Delhi Center 05D LMC $19,505.46 2017 9 2108 6165436 CDBG17-NP-Delhi Center DSD LMC $19,529.77 2017 9 2108 6186917 CDBG17-NP-De1hi Center OSD LMC $3,453.62 2017 9 2110 6114929 CDBG17-NP-Neutral Ground 05D LMC $10,132.98 2017 9 2110 6142948 CDBG17-NP-Neutral Ground 051) LMC $16,955.11 2017 9 2110 6165436 CDBC17-PIP-Neutral Ground 05D LMC $20,837.37 2017 9 2110 6186917 CDBG17-PIP-Neutral Ground OSD LMC $2,115.95 2017 9 2111 6123783 CDBG17-NP-Big Brothers Big Sisters OSD LMC $9,563.54 2017 9 2111 6146570 CDBG37-NP-Blg Brothers Big Sisters 05D IMC $10,279.22 2017 9 2111 6188177 CDBG17-NP-Big Brothers Big Sisters OSD LMC $18,08124 2017 9 2112 6114929 CDBG17-NP-The Cambodian Family 05D LMC $12,686.78 2017 9 2112 6142948 CDBG17-NP-The Cambodian Family 05D LMC $14,335,46 2017 9 2112 6183926 CDBG17-NP-The Cambodian Family 051) LMC $15,736.72 2017 9 2112 6186917 CDBG17-NP-The Cambodian Family 05D LMC $8,562.04 2017 9 2116 6114929 CDBG17-NP-YMCA OSD LMC $579,00 2017 9 2116 6123783 CDBG17-NP-YMCA 051) LMC $340.00 2017 9 2116 6183926 CDBG17-NP-YMCA 05D LMC $33,412,28 2017 9 2117 6114929 CDBG17-NP-ALBI 05D LMC $4,032.71 2017 9 2117 6135056 CDBG17-NP-ALBI OSD LMC $29,057,00 2017 9 2117 6146570 CDBGI7-NP-ALBI 05D LMC $21,890,31 2017 9 2117 6165436 CDBG17-NP-ALBI 05D LMC $1,698.45 OSD Matrix Code $480,209.16 2017 9 2115 6183926 CDBG17-NP-Legal Ald-DV OSG LMC $6,965.77 2017 9 2115 6186917 CDBG17-NP-Legal Ald-DV 05G LMC $18,250.46 2017 9 2115 6188177 CDBG17-NP-Legal Ald-DV 05G LMC $15,592.77 05G Matrix Code $40,809.00 2017 9 2103 6105419 CDBG17-NP-OC Childrens Therapeutic Arts Center 05Z LMC $9,469.17 2017 9 2103 6142948 CDBG17-NP-OC Chlldrens Therapeutic Arts Center 05Z LMC $14,008.39 75A-159 EXHBIT 1 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Numhar Code Obiective Drawn Amount 2017 9 2103 6165436 CD6G17-NP-OC ChIldrens Therapeutic Arts Center 05Z LMC $18,869.85 2017 9 21D3 6186917 CDBG17-NP-OC ChIldrens Therapeutic Ads Center 05Z LMC $27,539.80 2017 9 2106 6105419 CDBG17-NP-Community Health Initlative or OC O5Z LMC $16,266.06 2017 9 2106 6146570 CDBG17-NP-Community Health Initiative of OC 05Z LMC $15,421.53 2017 9 2106 6183926 CDBG17-NP-Community Health Initiative of OC 05Z LMC $10,962.49 2017 9 2106 6188177 CDBG17-NP-Community Health Initlative of OC OSZ LMC $9,679.54 2017 9 2113 6105419 CD13G17•NP-WlsePlace 052 LMC $3,136,67 2017 9 2113 6135056 CDBG17-NP-WlsePlace 05Z LMC $795.95 2017 9 2113 6183926 CDBG17-NP-WlsePlace 052 LMC $988.54 2017 9 2113 6190716 CDBG17-NP-WlseP1ace 052 LMC $73548 2017 9 2107 6114929 CDBG17-NP-Boys & Girls Club 052 Matrix Code $127,873.07 2014 11 1993 6088360 CDBG14 - SFR - 1006 E. 20th Street 14A LMH $213.99 2014 11 1993 6093935 CDBG14 • SFR - 1006 E. 20th Street 14A LMH $207.26 2016 20 2090 6077101 CDBG16 - SFR - 1207 N Spurgeon St 14A LMH $35,694.52 2016 20 2090 6088360 CDBG16 - SFR - 1207 N Spurgeon St 14A LMH $40,083.77 2016 20 2090 6093935 MBG16 - SFR - 1207 N Spurgeon St 14A LMH $11,293.64 2015 20 2090 6105419 CDBG16 - SFR - 1207 N Spurgeon St 14A LMH $1,939.67 2016 20 2090 6123783 CDBG16 - SFR - 1207 N Spurgeon St 14A LMH $1,298.01 2016 20 2090 6135056 CDBG16 - SFR - 1207 N Spurgeon St 14A LMH $683.03 2016 20 2090 6142948 CDBG16.5FR - 1207 N Spurgeon St 14A LMH $258.82 2017 13 2129 6142948 CDBG17 - SFR - 1010 W Santa Clara 14A LMH $32,237.16 2017 13 2129 6146570 CDBG17 = SFR - 1010 W Santa Clara 14A LMH $43,583,64 2017 13 2129 6153279 CDBG17 - SFR - 1010 W Santa Clara 14A LMH $7,138.67 2017 13 2129 6161995 CDBG17 - SFR -1010 W Santa Clara 14A LMH $1,876.51 -- – 2017--- -- —13 --2129----6165436---CDBG17 = SFR —1010-WSanta Clara 140. LMH $8 995:79 - 2017 13 2129 6178442 CDBG17 - SFR - 1010 W Santa Clara 14A LMH $1,162,63 2017 13 2129 6186917 CDBG17 - SFR - 1010 W Santa Clara 14A LMH $7,318.00 14A Matrix Code $193,985.11 2017 7 2121 6105419 CDBG17-CODE ENFORCEMENT 15 LMA $391,066.46 2017 7 2121 61149Z9 CDBG17-CODE ENFORCEMENT 15 LMA $86,054.36 2017 7 2121 6123783 CDBG17-CODE ENFORCEMENT 15 LMA $50,397.50 2017 7 2121 6135056 CDBG17-CODE ENFORCEMENT 15 LMA $42,174,95 2017 7 2121 6142948 CDBO17-CODE ENFORCEMENT 15 LMA $129,804.83 2017 7 2121 6146570 CDbG17-CODE ENFORCEMENT 15 LMA $47,838,90 2017 7 2121 6153279 CDBG17-CODE ENFORCEMENT 15 LMA $40,610.69 2017 7 2121 6161995 CDBG17-CODE ENFORCEMENT 15 LMA $19,774.10 2017 7 2121 6165436 CDBG17-CODE ENFORCEMENT 15 LMA $7.91 15 Matrix Code $807,929.70 2017 8 2127 6105419 CDBG17-ED 608 N Lacy IBC LMA $5,000.00 18C Matrix Code $5,000.00 Total $4,324,550.19 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan Your IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2017 9 2114 6165436 CDBG17-NP-Legal Ald-EXP 05C LMC $30,952.06 2017 9 2114 6188177 CDBG17-NP-Legal Ald-EXP 05C LMC $11,917.94 O5C Matrix Code $42,870.00 2017 9 2104 6142948 CDBG17-NP-Illum1nation Foundation 05D LMC $15,407.84 2017 9 2104 6183926 CDBG17-NP-Illuminatlon Foundation 05D LMC $37,498.84 2017 9 2104 61.86917 CDBG17-NP-Illuminatlon Foundation 05D LMC $24,383.32 2017 9 2105 6142948 CDBG17-NP-America On Track 05D LMC $11,827.12 2017 9 2105 6183926 CDBG17-NP-America On Track 05D LMC $30,883.14 2017 9 2105 6186917 CD9G17-NP-Amer1ca On Track 05D LMC $16,02D.74 2017 9 2107 6114929 CDBG17-NP-Boys & Girls Club 05D LMC $20,431.79 75A-160 EXHBIT 1 �'OAN Pian Year oF4��� IDIS Project IDIS Activity Voucher Number PR26 - CDBG Flnadclal SummaryReport ' Program Year 2017 SANTA ANA, CA Activity Name Matrix Code National Objective Drawn Amount 2017 9 2107 6142948 CDBG17-NP-Boys & Girls Club 05D LMC $9,736.44 2017 9 2107 6178492 CDBGI7-NP-Boys&Gids Club 051) LMC $20,125.66 2017 9 2107 6186917 CDBG17-NP-5oys&Glds Club 05D LMC $11,538.11 2017 9 2108 6114929 CDBG17-NP-Delhi Center 05D LMC $17,661.16 2017 9 2108 6142948 CDBGI7-NP-Delhi Center 05P LMC $19,506.46 2017 9 2108 6165436 CDBG17-NP-Delhi Center OSD LMC $19,529.77 2017 9 2108 6186917 CDBG17-NP-Deihl Center 05D LMC $$,453.82 2017 9 2110 6114929 CDBG17-NP-Neutral Ground 051) LMC $10,132.98 2017 9 2110 6142948 CDBG17-NP-Neutral Ground 051) LMC $16,955.11 2017 9 2110 6165436 CDBG17-NP-Neutral Ground 05D LMC $20,837.37 2017 9 2110 6186917 CDBG17-NP-Neutral Ground 05D LMC $2,116.95 2017 9 2111 6123783 CDBG17-NP-BIg Brothers Big Sisters 05D LMC $9,663.54 2017 9 2111 6146570 CDBG17-NP-BIg Brothers Big Sisters 051) LMC $10,279.22 2017 9 2111 6188177 CDBG17-NP-BIg Brothers BIg Sisters 06D LMC $18,081.24 2017 9 2112 6114929 CDBG17-NP-The Cambodian Family 05D LMC $12,686.78 2017 9 2112 6142948 CDBG17-NP-The Cambodian Family 051) LMC $14,336.46 2017 9 2112 6183926 CDBG17-NP-The Cambodian Famlly OSD LMC $16,736.72 2017 9 2112 6186917 CDBG17-NP-The Cambodian Famlly 05D LMC $8,662.04 2017 9 2116 6114929 CDBG17-NP-YMCA 05D LMC $679.00 2017 9 2116 6123783 CDBG17-NP-YMCA 05D LMC $340.00 2017 9 2116 6183926 CDBG17-NP-YMCA 05D LMC $33,412.28 2017 9 2117 6114929 CDBG17-NP-ALBI O5D LMC $4,032,71 .2017 9 2117 6135056 CDBG17-NP-ALBI 05D LMC $29,057.00 ,2017 9 2117 6146570 COB(317-NP-ALB1 051) LMC $21,890,31 2017 9 2117 6165436 CDBG17-NP-ALBI 05D LMC $1,698,45 0ED Matrix Code $488,209.16 2017 9 2115 6183926 CDBG17-NP-Legal Ald-DV 05G LMC $6,965,77 ;2017 9 2115 6186917 CDBG17-NP-Legal Aid -DV 05G LMC $18,250.46 2017 9 2115 6188177 CDBG17-NP-Legal Aid -DV 05G LMC $15,592.77 OSG Matrix Code $40,809.00 2017 9 2103 6105419 CDBG17-NP-OC Childrens Therapeutic Arts Center 05Z LMC $9,469.17 2017 9 2103 6142948 CDBG17-NP-OC Childrens Therapeutic Arts Center 052 LMC $14,008.39 2017 9 2103 6165436 CDBG17-NP-OC Childrens Therapeutic Arts Center 05Z LMC $18,869.85 2017 9 2103 6186917 CDBG17-NP-OC Childrens Therapeutic Arts Center 05Z LMC $27,639.80 2017 9 2106 6105419 CDBGI7-NP-Community Health Initlative of OC OSZ LMC $16,266.06 2017 9 2106 6146570 CDBGI7-NP-Community Health Initlative of OC OSZ LMC $15,421.53 2017 9 2106 6183926 CDBG17-NP-Community Health Initlative of OC 05Z LMC $10,962.49 2017 9 2106 6188177 CDBG17-NP-Community Health Initlative of OC O5Z LMC $9,679.54 2017 9 2113 6105419 CDBG17-NP-WIsePlace 05Z LMC $3,136,67 2017 9 2113 6135056 CDBG17-NP-WIsePlace 05Z LMC $795.95 2017 9 2113 6183926 CDBG17-NP-WIsePlace 05Z LMC $988.64 2017 9 2113 6190716 CDBGI7-NP-WisePlace 05Z LMC $735,08 052 Matrix Code $127,873.07 Total $699,761.23 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 31 Plan Year IDIS Project IDISActivity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2017 5 2118 6105419 CDBG17-ADMINISTRATION 21A $322,102.19 2017 5 2118 6114929 CDBGI7-ADMINISTRATION 21A $69,367.08 2017 5 2118 6123783 CDBG17-ADMINISTRATION 21A $55,372.29 2017 5 2118 6135056 CD15G17-ADMINISTRATION 21A $66,655.74 2017 5 2118 6142948 CDBG17-ADMINISTRATION 21A $77,691.04 2017 5 2118 6146570 CDBG17-ADMINISTRATION 21A $12,164.01 2017 5 2118 6153279 CDBG17-ADMINISTRATION 21A $26,601.82 75A-161 Program Year 2017 �gAru oevew°�� SANTA ANA, CA Plan Year IDIS Project IDIS Activity voucher Activity Name Number Matrix Code 2017 CDBGi7-ADMINISTRATION 6165436 CQBG17-ADMINISTRATION 21A 2017 CDBGi7-ADMINISTRATION 6183925 CDBGY7-ADMINISTRATION 21A 2017 CQBGi7-ADMINISTRATION 6188177 CDBGi7-ADMINISTRATION 21A 2017 CDBGi7-FAIR HOUSING 6183926 CbbG17-FAIR HOUSING 21A 2017 CDBGi7-FAIR Pi0U51NG 6188177 CDBGi7-FAIR HOUSING 21A 2017 CDBGi7-ADMINISTRATION HOME 6114929 CDBGi7-ADMINISTRATION 2IA 6123783 CDBGi7-ADMINISTRATION HOME 6135pS6 CDBGi7-ADMINISTRATION 21A 2017 CDBGi7-ADMINISTRATION HOME fi 146570 CDBGi7-ADMINI5TRATION 21D 2017 CDBGi7-ADMINISTRATION HOME 6161995 CDBGi7-ADMIMSTRATION 21D 2017 CDBGi7-ADMINISTRATION HOME 21D 2017 21D 21D 2017 21H 2017 21H 2017 21H 2017 21H 2017 21H 2017 21H 2017 21H 2017 21H 2017 21H 21H Total 5 5 5 5 s s 6 s 6 6 5 S 5 5 5 5 5 5 5 2118 2118 2118 2118 2118 zits 2izo zlzo zizo 2120 2719 2719 2119 2119 2ii9 2119 2119 2119 2ii9 6161995 CDBGi7-ADMINISTRATION 6165436 CQBG17-ADMINISTRATION 6178442 CDBGi7-ADMINISTRATION 6183925 CDBGY7-ADMINISTRATION 6186917 CQBGi7-ADMINISTRATION 6188177 CDBGi7-ADMINISTRATION 6178442 CDBGi7-FAIR HOUSING 6183926 CbbG17-FAIR HOUSING 6186917 CDBGi7-FAIR Pi0U51NG 6188177 CDBGi7-FAIR HOUSING 6105419 CDBGi7-ADMINISTRATION HOME 6114929 CDBGi7-ADMINISTRATION HOME 6123783 CDBGi7-ADMINISTRATION HOME 6135pS6 CDBGi7-ADMINISTRATION HOME 6142948 CDBGi7-ADMINISTRATION HOME fi 146570 CDBGi7-ADMINI5TRATION HOME 6153279 CDBGi7-ADMINISTRATION HOME 6161995 CDBGi7-ADMIMSTRATION HOME 6178442 CDBGi7-ADMINISTRATION HOME 75A-162 IM=kril Objective Drawn Amount $39,948.77 $22,180.35 $45,409.74 $28,428.65 $485.11 $2,200.00 Matrix Code $757,404.79 $16,639.98 $13,734.87 $16,831.32 $16,934.83 Matrix Code $64,141,00 $40,080.31 $8,026.80 $6,640.46 $16,739.08 $9,586.55 $4,966.66 $6,600.89 $9,682.20 $16,415.08 Matrix Code $117,637.02 $939,182.81 EXHBIT 1 ATTACHMENT 5 75A-163 EXHBIT 1 Actions to Address Impediments to Fair Housing Choice During the 2017-2018 report period the City of Santa Ana took the following actions (on its own or in cooperation with regional partners and the Fair Housing Council of Orange County (FHCOC)) to overcome impediments to fair housing choice identified in the regional Al: Fair Housing Community Education - During 2017-18, the FHCOC regionally conducted or participated in 74 education and/or outreach activities, reaching a culturally and ethnically diverse audience, in which they made participants aware of fair housing laws and counseling services ('including services to help households improve their readiness for a home purchase). Thirty-three of these activities took place in the city of Santa Ana. Regionally, over 1,200 people were served by these activities. Through its various regional outreach efforts FHCOC distributed over 13,230 pieces of literature on fair housing, its services and other housing -related topics, in either English, Spanish or Vietnamese, with 6,651 of these distributed in Santa Ana. Additionally, throughout Orange County FIICOC held 8 training sessions for rental property owners/managers. FHCOC presented 2 fair housing seminars for housing providers in cooperation with the Apartment Association of Orange County (AAOC), at AAOC's Santa Ana office. Twenty-seven general fair housing workshops intended for attendance by both housing consumers and/or providers were held throughout Orange County. Thirteen workshops occurred in Santa Ana. • Fair Housing Enforcement - On a regional basis, FHCOC staff received 108 allegations of housing discrimination and opened 56 cases where the allegations seemed sufficiently meritorious to warrant Cwlher investigation and/or action. Twenty-six allegations arose from Santa Ana and 13 cases involved _- - - housingin-Santa Ana.. -On a regional -basis, -FHCOC also -conducted 94- paired- and- 10 `sandwieb-oil------ site, n— —site, systemic tests for discriminatory rental housing practices, with 12 tests occurring in Santa Ana. • Housing Dispute Evaluation & Resolution - On a regional basis, activities provided by FHCOC included assisting 1,952 unduplicated households addressing 5,925 issues, disputes and/or inquires. Of these, 945 unduplicated households, involving 3,260 issues, disputes and/or inquires, were from Santa Ana. • Reasonable Accommodations -On a regional basis, 13 inquiries regarding reasonable accommodations and modifications were received by FHCOC that resulted in casework beyond basic counseling. One of the inquiries arose from Santa Ana. Overall, 9 of the 13 clients requested and received a reasonable accommodation, while another request ended when the client was not able to proceed. Another client's accommodation request was denied, resulting in an administrative complaint filed with the Fair Housing and Equal Opportunity (FHEO) Office of the U.S. Department of Housing and Urban Development. One of the granted accommodations was the inquiry from Santa Ana. • Web -based Outreach - FHCOC's website, www.fairhoushi og c.org , currently has an on-line housing discrimination complaint -reporting tool that generates an email to FHCOC. It is also used for other, non-discrimination, housing -related issues. Monitoring On-line Advertising - Orange County rentals listed on Craigslist were monitored by FI--ICOC for discriminatory content (as permitted by staffing limitations). Any discriminatory advertisements were flagged as prohibited and FHCOC responded to these ads through Craigslist's 75A-164 EXHBIT 1 reply mechanism in order to inform the poster of possible discriminatory content. In most instances it was not possible to identify the property address and the identity of the individual malting the posting. When possible FHCOC also brought these ads to the attention of Craigslist to hasten their removal, although Craigslist reporting mechanism is no longer simple. When investigation was found to be feasible, the ad was referred to FHCOC's investigators for possible enforcement action. Other on-line rental advertising sites (e.g., OC Register, LA Times, Westside Rentals, etc.) were sporadically monitored; however, the lath of an efficient text search function on these sites made monitoring them less practical. Without exception, among the `apt / housing' Craigslist rental listings, the identified problematic postings indicated restrictions with regard to children under the age of 18 or improper preference for seniors or `older adults' for housing opportunities that did not appear to qualify as housing for older persons (age 55 and over) Overt racial or national origin discrimination was not observed, Advertising in the `rooms / shared' area of Craigslist were observed to have a higher incidence of stated preferences that violated fair housing law. However due to the practical aspects of resource limitations and case law considerations of shared housing situations, most were not acted upon. ■ Monitor Horne Mortgage Disclosure Act Data - Ongoing monitoring of Home Mortgage Disclosure Act (NMDA) data continues to be infeasible due to limited resources at FHCOC. FHCOC last was able to conduct such analysis using 2008 data (then the latest available) in conjunction with the preparation of the 2010-2015 Regional AI, Analysis of updated NMDA data from 2013, as well as other mortgage lending practices, was included as part of the City of Santa Ana's FY 2015-2020 Regional Analysis of Impediments to Fair Housing Choice (Al), which was submitted as part of its Five Year Consolidated Plan FY 2015 - 2020. ■ During 2017-18, FHCOC continued efforts to promote housing affordability within Orange County. It ;provided services and outreach to organizations involved in the creation and preservation of affordable housing. These groups included the Kennedy Commission, Mental Health Association of Orange County, Aids Services Foundation, Affordable Housing Clearinghouse, Jamboree Housing Corporation, Orange County Congregations Community Organizations, and Orange County Community Housing Corporation. ■ During the 2017.18 report period, FFICOC continued to offer fair housing training sessions that were open to all local government staff, Staff attending training could receive certification of their attendance. The FHCOC produced and provided written fair housing related materials in English, Spanish and Vietnamese to the City of Santa Ana. Materials were placed in public areas of City Hall. FHCOC also undertook specific outreach efforts to immigrant populations in low-income neighborhoods. On a regional basis, an estimated 1,350 limited English proficiency households were served during the 12 - month program period, through a combination of telephonic contact and in-person education and outreach activities. FHCOC also continued to implement activities under IIUD Fair Housing Initiatives Program grants, for both education and outreach and fair housing enforcement. These program efforts specifically targeted fair housing services to persons with disabilities, minority groups and immigrant oommunities, especially immigrants with limited English proficiency, Program efforts included a fair housing testing program that sought to involve members of immigrant populations with limited English 75A-165 EXHBIT 1 proficiency, both for purposes of enforcing fair housing laws as testers and as a vehicle to increase outreach to these populations. Through its status as a HUD -approved Housing Counseling agency, FHCOC assisted individuals, including those with limited English proficiency (LEP), with various housing related problems. This included being available to counsel and assist those who had received loans with documents, all prepared in English, which had terms that were different from what they believed or were informed they were obtaining, or of which they had less than a full understanding. Many of the other counseling activities under its HUD -approved Housing Counseling also assisted individuals with LEP 75A-166